Brazil's Novo party asks electoral court to remove Lula and Alckmin, citing timing of betting ban

Brazil's Novo party has filed an Electoral Investigation Action (AIJE) with the Superior Electoral Court (TSE), asking it to remove President Luiz Inácio Lula da Silva and Vice President Geraldo Alckmin. The party alleges that in 2026 the government used 35 regulatory measures to influence the presidential election, one of them being the prohibition of fixed-odds betting shortly before the first round.

The case was assigned on October 20 to Electoral Inspector General Ricardo Villas Bôas Cueva under number 0603194-42.2026.6.00.0000. Novo wants the court to declare that political abuse of power took place, cancel the candidates' registration or mandate, and bar them for eight years. These are the party's claims; the court has not determined that any abuse occurred.

According to Novo, the government's approach to the betting sector changed on September 25, 2026, with Provisional Measure No. 1,394. The measure banned fixed-odds betting, including its offering, intermediation and advertising, covering both casino wagering and online sports betting. It also provided for ending existing authorizations and returning players' balances. Law No. 14,790/2023, which created the legal framework for the sector, had been signed earlier by Lula. Novo says the ban's announcement nine days before the first round raises questions about timing and rationale.

The party argues that the ban's deadlines lined up with the electoral calendar. The ten-day window for closing websites began right after the first round, and the government said players could withdraw balances until October 5. Novo also points to other measures, such as fuel subsidies and changes to social benefits, whose timing it says may have affected voters. It cites media reports linking the ban to Lula's campaign and a meeting with people affected by betting-related harms, where Lula said he would act "very soon."

The filing also addresses fiscal effects, relying on estimates attributed to the federal government of lost tax revenue of BRL 1.541 billion in 2026, BRL 5.150 billion in 2027 and BRL 5.330 billion in 2028. Novo says the 2027 budget would need adjusting and that, across several 2026 measures, costs of around BRL 31 billion would fall on the following year.

Novo stresses that it is not defending the legality of online betting or disputing the government's right to restrict the industry. Its argument concerns the timing and nature of the policy. It has asked for documents, technical assessments and implementation timelines for the 35 measures. Operators and other parties have separately challenged the ban before the Supreme Federal Court (STF). The immediate question at the TSE is whether the case should proceed and what reply Lula and Alckmin will give.