Brazil's Supreme Court sets 3 November public hearing on betting ban and related cases
Justice Luiz Fux has called a public hearing for 3 November on challenges to Provisional Measure 1,394, which bans betting in Brazil. The session will also feed into several other pending cases on betting regulation.
GamblingSource: iGaming Business
Luiz Fux of Brazil's Supreme Federal Court (STF) has scheduled a public hearing for 3 November at 10:00 AM to discuss cases concerning betting. The session will take place in the court's 2nd Chamber. It was requested by the Attorney General's Office (AGU), the authors of Direct Action of Unconstitutionality (ADI) 8.027, and entities admitted to the proceedings as amici curiae.
The discussion also covers Provisional Measure 1,394, issued a month ago by President Lula. The measure bans the exploitation, offering, intermediation and advertising of betting in Brazil. According to the source, Fux made clear during the election period that he would not act on the matter, so that a decision could not be read as interference in the political process. He now says the hearing needs urgent attention because of the deadlines set in the provisional measure and its economic impact on Brazilian football and other sectors, particularly in terms of legal certainty.
The measure has been challenged at the STF by industry bodies, media companies and football clubs. The National Association of Games and Lotteries (ANJL) and the Brazilian Institute of Responsible Gaming (IBJR) asked for it to be suspended, alleging it is unconstitutional. In response, the AGU asked the court to keep the ban fully in place and to hold the hearing, arguing that the Union has the authority to define which types of lottery games may be operated in Brazil.
Fux is also the rapporteur for other cases on betting regulation that predate the provisional measure. The hearing decision was therefore added to ADIs 7.721, 7.723, 7.749, 8.024, 8.028 and 8.035, meaning the session is not limited to the measure and will inform the court across several proceedings on the betting market. The STF previously held a hearing on the effects of gambling, including addiction, and Fux highlighted the negative effects of betting in its ruling on games of chance.
The participants include the National Confederation of Commerce of Goods, Services and Tourism, the Attorney General of the Republic, ANSEJA, ANJL, IBJR, the National Association of Mayors and Deputy Mayors, Abracopel, the Attorney General of the Union and the Ministry of Finance. Also taking part are broadcasters' association Abert, the criminal lawyers' association ABRACRIM, UERJ's regulation laboratory, the National Confederation of Industry, ABLE and the International Gaming Association. Several football clubs, including Flamengo, Fluminense, Botafogo, Cruzeiro, São Paulo and Corinthians, and the Brazilian Football Confederation are on the list as well.
Based on reporting by iGaming Business.