The Supreme Federal Court (STF) of Brazil, led by Minister Luiz Fux, has set a public hearing for November 3 at 10:00 AM to address various matters regarding betting regulations. This session will take place in the court's 2nd Chamber and was organized upon request from the Attorney General's Office (AGU) and several parties allowed to participate as amici curiae.
Central to this hearing is Provisional Measure 1,394, which President Lula issued a month ago. This measure prohibits the exploitation, offering, intermediation, and advertising of betting within Brazil.
Minister Fux has expressed his intention not to impede interpretations of the measure that could be seen as political interference, particularly during the election period. He indicated that the urgency of the hearing stems from strict deadlines stipulated in the provisional measure, alongside significant economic repercussions for Brazilian football and other sectors, underscoring the need for legal certainty.
Previously, the STF held a public session to examine the implications of gambling, addressing issues such as gambling addiction. Insights gathered during that discussion influenced past decisions regarding games of chance, where Fux acknowledged the detrimental effects linked to betting activities.
The provisional measure has faced challenges in the STF from various stakeholders, including industry entities, media organizations, and football clubs. Specifically, the National Association of Games and Lotteries (ANJL) and the Brazilian Institute of Responsible Gaming (IBJR) have sought to suspend the measure, claiming its unconstitutionality.
In response, the AGU petitioned the Supreme Court to uphold the ban fully, arguing that the Union has the authority to determine which types of lottery games may be permitted in Brazil.
Minister Fux is also overseeing other cases regarding betting regulations that predate the Provisional Measure. Consequently, the hearing will encompass not only the provisional measure but also support various ongoing proceedings related to the betting industry, specifically involving Direct Actions of Unconstitutionality (ADIs) 7.721, 7.723, 7.749, 8.024, 8.028, and 8.035.
Participants in the upcoming public hearing will include a diverse group of organizations, such as:
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 – 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 (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.
