Brazil court grants CDA Gaming interim relief, letting Casa de Apostas resume online gaming
A regional federal court in Brazil has temporarily allowed CDA Gaming's Casa de Apostas brand to offer online gaming again despite the country's iGaming ban. The ruling still needs confirmation by the full panel.
CDA Gaming has become one of the first Brazilian operators to win a temporary return to the market since the country introduced its ban on iGaming and online sports betting a few weeks ago. The Regional Federal Court of the 3rd Region, known as TRF3, granted the company interim appellate relief on November 3.
TRF3 covers São Paulo and Mato Grosso do Sul. It ruled that CDA Gaming, which runs Casa de Apostas, Betsul and Jogo Online, may resume services under the Casa de Apostas and Betsul brands. According to reports, Casa de Apostas is back online with gaming products, while its sports betting offer and the Betsul brand have not yet restarted.
In reaching the decision, the judge pointed to the large sums the company had spent on obtaining a license and building its sites. The judge dismissed the argument that keeping the sites closed serves the public interest, noting that the same reasoning could have been applied when the license was issued two years earlier. The ruling described the sudden policy reversal as harmful to companies and contrary to constitutional principles such as legal certainty and proportionality. The judge also cited the lack of apparent urgency behind the ban, the refusal to refund license fees paid by operators, and the disproportionate daily fines introduced by lawmakers.
The decision could serve as a precedent for other licensed operators seeking to return. Stake previously obtained comparable relief, but the government quickly overturned it. The new ruling is seen as resting on firmer legal ground because it challenges the constitutionality of the provisional measure that imposed the ban.
The relief is not final, as the full 3rd Panel has yet to confirm it, and it could still face obstacles. Meanwhile, operators remain open to talks with the Brazilian government in the hope of reaching an accommodation before the provisional measure becomes permanent. Many companies have voiced disappointment with the country's direction and warned that it risks losing investor trust. Several, including supplier Kambi, have said they would be willing to resume operations in Brazil if circumstances change.
Based on reporting by GamblingNews.