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Brazil’s Attorney General Pushes Supreme Court to Uphold Betting Ban

By jili tutorial · October 8, 2026

Brazil’s Attorney General Pushes Supreme Court to Uphold Betting Ban

In a significant development in Brazil’s legal and gambling landscape, the Attorney General’s Office (AGU) has urged the Supreme Federal Court (STF) to maintain the prohibition of betting and reject preliminary injunctions filed in ongoing Direct Actions of Unconstitutionality (ADIs). This move comes amid heated debates over the legality and implications of the betting ban introduced by President Lula in late September. Below, we explore the context, arguments, and potential consequences of this unfolding legal battle.

Background: The Provisional Measure and Its Timing

The controversy stems from a provisional measure enacted by President Lula on September 28, 2023, which effectively banned betting activities in Brazil. The timing of this decision—just over a week before the first round of Brazil’s presidential election—sparked accusations of electioneering tactics. Critics argue that the abrupt ban was politically motivated, aiming to sway public opinion rather than address genuine regulatory concerns.

The provisional measure was challenged by the National Association of Games and Lotteries (ANJL) and the Brazilian Institute for Responsible Gaming (IBJR), who filed lawsuits with the STF seeking to overturn the ban. These organizations contend that the ban disrupts legal certainty, harms the economy, and drives bettors toward illegal, unregulated platforms.

The Attorney General’s Position

Upholding the Ban

In its statement to the STF, the AGU defended the provisional measure, asserting that Brazil’s existing betting legislation is “extensively flawed.” The agency highlighted concerns over the protection of children and adolescents, as well as the prevention of money laundering and criminal financing. According to the AGU, these issues necessitate stricter regulations and justify the ban.

However, the AGU’s argument largely overlooks the efforts made by the legal betting sector to curb illicit practices. Instead, it focuses on the activities of illegal websites that fail to comply with regulations. The agency also emphasized that the government’s decision was informed by its experience in implementing betting regulations and addressing issues such as household debt and public health.

Request for Public Hearing

The AGU has called for a new public hearing to update the debate on betting regulation, which was last held in November 2024. This request has drawn criticism, with opponents viewing it as a tactic to delay a potential ruling in favor of the betting industry until after the second round of Brazil’s presidential election on October 25. Such a postponement would keep the sector paralyzed, resulting in lost revenue and reduced tax income for the government.

Addressing Industry Claims

The AGU disputed claims that the ban would drive bettors to clandestine websites, citing its efforts to block 10,435 illegal websites and remove over 3,000 pages, profiles, channels, and groups in the first week following the provisional measure. While the AGU acknowledged the existence of thousands of other websites created post-ban, it argued that the 18,195 sites identified by ANJL were not necessarily linked to the measure’s enactment.

The AGU also rejected the notion that the government failed to consider the economic impacts of the ban. It argued that the reduction in revenue was factored into the decision, emphasizing the government’s broader concerns about societal and financial stability.

Industry Pushback and Counterarguments

The ANJL and IBJR have strongly opposed the ban, arguing that it violates legal certainty and undermines the regulated betting market. They warn that shutting down legal operators could drive bettors to black market platforms, which lack oversight and consumer protections.

The organizations also highlighted the economic benefits of a regulated betting industry, including revenue generation and job creation. They contend that the government’s approach exacerbates existing problems rather than addressing them, advocating for a transition period of at least six months to allow for smoother implementation of regulatory changes.

What’s Next?

The STF’s decision on whether to uphold or overturn the ban will have far-reaching implications for Brazil’s betting industry. Justice Luiz Fux, the rapporteur in the case, has been asked to consider the AGU’s arguments and consult with the prosecutor general before issuing a ruling. The call for a public hearing adds another layer of complexity, potentially prolonging the legal process and delaying resolution.

If the ban remains in place, Brazil risks losing valuable tax revenue and pushing bettors toward unregulated platforms. Conversely, overturning the ban could pave the way for a more structured and responsible betting market, provided that adequate safeguards are implemented.

Key Takeaways

Brazil’s betting ban remains a contentious issue, balancing the need for regulation with the risks of economic disruption. As the legal proceedings unfold, stakeholders on both sides await a resolution that could reshape the future of gambling in the country.