Aug 07, 2026 | 5:50 am
Brazil’s online betting industry has turned to the country’s highest court in an effort to halt the effects of President Luiz Inácio Lula da Silva’s recently issued provisional measure banning online betting and gaming operations.
Several industry associations have filed legal challenges with the Supreme Federal Court (STF), seeking to suspend the measure while its legality and future are assessed by both the judiciary and Congress. The requests come only days after the government enacted the emergency measure, which immediately prohibited online betting activity across the country.
The provisional measure, published on September 25, took effect upon issuance. Under its terms, licensed operators must remove betting websites and mobile applications from service by October 6. Existing licenses are scheduled to be revoked on October 25, 30 days after publication.
Although the measure is already in force, Brazil’s legislative process requires Congress to review it before it can become permanent law. Lawmakers may approve, reject, or allow the measure to expire during a review period that can extend for up to 120 days.
Industry Associations Request Immediate Suspension
The National Association of Games and Lotteries (ANJL) and the Brazilian Institute for Responsible Gaming (IBJR) jointly submitted a petition to the STF on September 28.
The organizations filed their request within ongoing Supreme Court proceedings that are already examining the constitutionality of Brazil’s betting regulatory framework. The petition was directed to Justice Luiz Fux and seeks an injunction that would suspend the effects of the provisional measure while further legal and legislative review takes place.
According to the filing, the associations want the measure frozen until Congress reaches a decision on its future or until the Supreme Court delivers a ruling on the constitutional issues involved.
If the court grants the request, existing betting licenses would remain valid during the review period rather than being revoked under the current timetable.
The petition also outlines alternative forms of relief should a full suspension not be granted.
One proposal would preserve the rights of operators that already hold licenses, preventing the measure from being applied to them while legal proceedings continue. Another would establish a transition period of at least six months, allowing companies to continue operating while submitting closure or discontinuation plans to the Secretariat of Prizes and Betting (SPA).
Constitutional Questions at the Center of the Dispute
The trade groups argue that the government has not demonstrated the level of urgency required under Brazil’s constitution to justify the use of a provisional measure.
In their submission, the associations contend that the issues cited by the government were already examined during the creation of the current regulatory framework. They note that concerns involving vulnerable individuals, gambling advertising, and online casino operations were discussed throughout the legislative process that led to the regulated betting market.
The petition maintains that no significant new circumstances have emerged that would warrant bypassing the ordinary legislative route through emergency executive action.
As part of their request, ANJL and IBJR are also seeking to prevent a number of public institutions from enforcing the measure if the injunction is approved.
The bodies named in the filing include the Ministry of Finance, the Ministry of Justice, the Central Bank, telecommunications regulator Anatel, Caixa Econômica Federal, and the Brazilian Internet Steering Committee.
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Additional Legal Actions Planned
The joint petition is not the only challenge being prepared by the industry.
ANJL has announced plans to file a separate constitutional action directed specifically at the provisional measure itself. Through that case, the association intends to ask the STF to declare the measure unconstitutional while reaffirming the validity of Brazil’s existing betting legislation.
A separate industry organization, the National Association for Legal Certainty in Gaming and Betting (Anseja), has also entered the legal dispute.
Anseja filed a direct action of unconstitutionality challenging the provisional measure and requested an urgent injunction aimed at preventing its provisions from taking effect.
The growing number of legal challenges means the future of the betting ban may ultimately depend on decisions made by the Supreme Federal Court as well as Congress. While the measure remains active for now, the petitions filed by industry groups seek to preserve the current regulatory framework until those reviews are completed.
With operators facing an October deadline to cease online betting activities and a later date for license revocations, the court’s response to the requests for emergency relief could play a significant role in determining how the sector proceeds in the coming weeks.
Source:
"Brazilian trade groups ask Supreme Court to suspend betting ban", next.io, September 28, 2026.