The Supreme Federal Court (STF) of Brazil, led by Luiz Fux, has organized a public hearing for 3 November at 10:00 AM to address significant issues related to betting legislation. This session will take place in the court's 2nd Chamber and follows a request from the Attorney General's Office (AGU) regarding the Direct Action of Unconstitutionality (ADI) 8.027, as well as input from entities participating as amici curiae.
Central to the discussion will be Provisional Measure 1,394, enacted by President Lula just a month ago, which imposes a ban on the exploitation, offering, intermediation, and advertising of betting in Brazil. Minister Fux previously noted his intention not to intervene in ways that might appear to influence the political climate during the elections.
Highlighting the necessity for urgent review, Fux emphasized the economic repercussions this provisional measure could have on Brazilian football and other sectors, particularly concerning the legal certainty needed in these areas. The STF has previously reviewed gambling's effects, with focus on gambling addiction, informing its ruling on related matters.
Various industry stakeholders, media firms, and football clubs have contested the provisional measure within the STF. The National Association of Games and Lotteries (ANJL) and the Brazilian Institute of Responsible Gaming (IBJR) have called for the suspension of the measure, claiming it is unconstitutional. Meanwhile, the AGU has advocated for the maintenance of the ban, asserting that the Union possesses the authority to determine the types of lottery games permissible in the country.
Minister Fux oversees several related cases, and it has been decided that the upcoming hearing will also involve discussions related to ADIs 7.721, 7.723, 7.749, 8.024, 8.028, and 8.035, expanding beyond just the provisional measure.
Entities participating in this public hearing include a range of organizations:
1. National Confederation of Commerce of Goods, Services and Tourism (CNC)
2. Attorney General of the Republic
3. National Association for the Legal Security of Games and Betting (ANSEJA)
4. National Association of Games and Lotteries (ANJL)
5. Brazilian Institute for Responsible Gaming (IBJR)
6. National Association of Mayors and Deputy Mayors of the Federative Republic of Brazil (ANPV)
7. Abracopel – Brazilian Association of Concessionaires and Licensees of State Lotteries
8. Attorney General of the Union
9. Ministry of Finance
10. Brazilian Association of Radio and Television Broadcasters (Abert)
11. Brazilian Association of Criminal Lawyers (ABRACRIM)
12. Economic Regulation Laboratory of the State University of Rio de Janeiro (UERJ Reg)
13. National Confederation of Industry (CNI)
14. Brazilian Association for Economic Freedom (ABLE)
15. International Gaming Association (AIGAMING)
16. Flamengo Rowing Club
17. Fluminense Football Club
18. Botafogo Football Corporation – In Judicial Reorganization (SAF Botafogo)
19. Cruzeiro Esporte Clube – Sociedade Anônima do Futebol
20. São Paulo Football Club
21. Sport Club Corinthians Paulista
22. Ponte Preta Athletic Association
23. Esporte Clube Vitória
24. Guarani Futebol Clube – In Judicial Reorganisation
25. Portuguesa Sociedade Anônima de Futebol
26. Brazilian Football Confederation.
