Luiz Fux, a member of Brazil's Supreme Federal Court (STF), has set a public hearing for November 3 at 10:00 AM to scrutinize issues surrounding betting in the country.
Scheduled to take place in the STF's 2nd Chamber, the hearing follows a request from the Attorney General's Office (AGU), along with submissions from parties involved in Direct Action of Unconstitutionality (ADI) 8.027 and other amici curiae.
This discussion will center on Provisional Measure 1,394, which President Lula issued last month, enacting a ban on the exploitation, offering, intermediation, and advertising of betting in Brazil.
Minister Fux previously indicated during the electoral period that he would refrain from acting against the provisional measure to avoid any perception of interference in political affairs. He emphasized the need for an urgent hearing due to the deadlines tied to this measure and its potential economic repercussions on Brazilian football and various sectors, focusing particularly on the need for legal certainty.
Earlier, the STF had convened a public hearing to examine the implications of gambling, specifically discussing gambling addiction. The insights gained were integrated into the STF's judgment on games of chance, where Fux noted the harmful effects linked to betting.
The provisional measure has faced challenges from multiple industry entities, media organizations, and football clubs. The National Association of Games and Lotteries (ANJL) and the Brazilian Institute of Responsible Gaming (IBJR) have contested the measure's constitutionality, seeking its suspension.
In reaction, the AGU has appealed to the Supreme Court to uphold the ban and proceed with a public hearing, asserting that the Union is empowered to determine which lottery games may be conducted in Brazil.
Fux is also the rapporteur for other cases that were examining bet regulation prior to the Provisional Measure’s enactment. Consequently, the hearing will incorporate considerations related to ADIs 7.721, 7.723, 7.749, 8.024, 8.028, and 8.035, thereby extending beyond just the provisional measure concerning betting and aiding the STF's deliberations on various related issues.
Who will be present at this public hearing?
Fux announced that the public hearing would include representation from the following entities:
1. National Confederation of Commerce of Goods, Services and Tourism (CNC) – applicant of ADI 7.721;
2. Attorney General of the Republic – petitioner in ADI 7.749;
3. National Association for the Legal Security of Games and Betting (ANSEJA) – applicant of ADI 8.024;
4. National Association of Games and Lotteries (ANJL) – applicant in ADI 8.027;
5. Brazilian Institute for Responsible Gaming (IBJR) – applicant in ADI 8.027;
6. National Association of Mayors and Deputy Mayors of the Federative Republic of Brazil (ANPV) – applicant in ADI 8.028;
7. Abracopel – Brazilian Association of Concessionaires and Licensees of State Lotteries – applicant of ADI 8.035;
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.
