Luiz Fux of Brazil's Supreme Federal Court (STF) has set a public hearing for November 3 at 10:00 AM to address issues surrounding betting regulations. The session will take place in the STF’s 2nd Chamber, following a request from the Attorney General's Office (AGU), which submitted the Direct Action of Unconstitutionality (ADI) 8.027, along with several organizations that joined the proceedings as amici curiae.
This hearing will also consider Provisional Measure 1,394, enacted by President Lula last month, which prohibits the operation, offering, intermediating, and advertising of betting within Brazil. During the election period, Minister Luiz Fux indicated that he would refrain from acting to prevent interpretations of the measure that could be seen as interfering in the political process.
Fux emphasized the urgency of the hearing due to the deadlines tied to the provisional measure and its economic repercussions for Brazilian football and broader sectors, particularly regarding legal certainty. Previously, the STF conducted a public hearing examining the implications of gambling, focusing on issues like gambling addiction, which informed its considerations on games of chance, with Fux noting various negative effects linked to betting.
The provisional measure has faced challenges in the STF from various sector entities, media organizations, and football clubs. The National Association of Games and Lotteries (ANJL) and the Brazilian Institute of Responsible Gaming (IBJR) are among those calling for the measure's suspension, arguing it is unconstitutional.
In light of these challenges, the AGU went to the Supreme Court seeking the upholding of the ban and requested a public hearing. It contended that the Union has the power to determine the types of lottery games permissible in Brazil. Fux is the rapporteur for several other cases addressing betting regulation dating back to before the Provisional Measure was enacted. He ruled that discussions at this hearing would encompass ADIs 7.721, 7.723, 7.749, 8.024, 8.028, and 8.035, thereby extending its relevance beyond just the provisional measure.
Who will participate in this public hearing? The following entities have been invited:
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 Reorganization
25. Portuguesa Sociedade Anônima de Futebol
26. Brazilian Football Confederation.
