Luiz Fux, a justice of Brazil's Supreme Federal Court (STF), has set a public hearing for November 3 at 10:00 AM to discuss upcoming actions related to sports betting. This session, taking place in the STF's 2nd Chamber, follows a request from the Attorney General's Office (AGU) regarding Direct Action of Unconstitutionality (ADI) 8.027 and input from various amici curiae participants.
Key topics for discussion will include Provisional Measure 1,394, enacted by President Lula a month prior, which prohibits the exploitation, offering, intermediation, and advertising of betting activities in Brazil. Fux underscored the necessity for this hearing, emphasizing the urgent nature due to deadlines stipulated in the provisional measure and the significant economic consequences for Brazilian football and other sectors, particularly in terms of legal certainty.
Previously, the STF conducted a public hearing addressing gambling issues, including gambling addiction, which informed its judgments concerning games of chance. Minister Fux has highlighted the adverse effects associated with betting in those discussions.
The provisional measure faced challenges in the STF from sector organizations, media outlets, and football clubs, including the National Association of Games and Lotteries (ANJL) and the Brazilian Institute of Responsible Gaming (IBJR). These entities have called for the measure to be suspended, alleging that it is unconstitutional.
In a response to these challenges, the AGU sought to uphold the ban while also proposing the public hearing. The AGU contended that the federal government possesses the authority to determine the types of lottery games permissible in Brazil.
Fux, already serving as the rapporteur for other ongoing discussions regarding the regulation of betting, has incorporated these considerations into cases ADIs 7.721, 7.723, 7.749, 8.024, 8.028, and 8.035. Thus, the upcoming hearing aims to address more than just the recent provisional measure and will assist the STF in multiple matters related to the betting industry.
The following organizations are scheduled to participate in the public hearing:
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 Brazil (ANPV)
7. Brazilian Association of Concessionaires and Licensees of State Lotteries (Abracopel)
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
19. Cruzeiro Esporte Clube
20. São Paulo Football Club
21. Sport Club Corinthians Paulista
22. Ponte Preta Athletic Association
23. Esporte Clube Vitória
24. Guarani Futebol Clube
25. Portuguesa Sociedade Anônima de Futebol
26. Brazilian Football Confederation.
