Luiz Fux, a member of Brazil's Supreme Federal Court (STF), has announced a public hearing scheduled for November 3 at 10:00 AM to address matters related to betting. This session will take place in the STF's 2nd Chamber, following a request from the Attorney General's Office (AGU), the initiator of the Direct Action of Unconstitutionality (ADI) 8.027, alongside other participating amici curiae.
The upcoming discussion will also focus on Provisional Measure 1,394, recently enacted by President Lula, which prohibits the exploitation, offering, intermediation, and promotion of betting within Brazil.
Minister Fux previously indicated during the elections that he would refrain from intervening in the provisional measure, positioning it as a potential interference in the political realm. He highlighted the pressing need for a hearing due to the deadlines specified in the provisional measure and its significant economic repercussions on Brazilian football and other industries, particularly concerning legal certainty.
This is not the first time the STF has engaged with gambling-related issues; a prior public hearing delved into gambling addiction and its implications. The insights gained from that session influenced the STF's earlier decisions regarding games of chance, where Fux articulated concerns about the adverse effects linked to betting.
The provisional measure has faced challenges in the STF from various industry representatives, media outlets, and football clubs. Entities such as the National Association of Games and Lotteries (ANJL) and the Brazilian Institute of Responsible Gaming (IBJR) argued against the measure’s constitutionality and sought its suspension.
In response, the AGU petitioned the Supreme Court to uphold the ban and call for a public hearing on the matter, asserting the Union's authority in determining the permissible types of lottery games in Brazil. Fux is also the rapporteur for several other ongoing cases regarding the regulation of betting, predating the provisional measure. Consequently, it has been decided that this forthcoming hearing will encompass ADIs 7.721, 7.723, 7.749, 8.024, 8.028, and 8.035, extending beyond the provisional measure and aiding the STF in various deliberations concerning the betting sector.
The hearing will feature contributions from numerous stakeholders, including:
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. Abracopel, the 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
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.
