Brazil’s Supreme Federal Court (STF) Justice Luiz Fux has ordered the suspension of all ongoing lower-court cases challenging the country’s ban on fixed-odds betting platforms.
The decision, issued on Sunday, pauses the proceedings until the Supreme Court delivers its final ruling on four Direct Actions of Unconstitutionality (ADIs) challenging Provisional Measure No. 1,394.
Fux is the reporting justice overseeing the constitutional challenges. He approved a request from Prosecutor General Paulo Gonet, who warned that conflicting lower-court decisions could create legal uncertainty and inconsistent enforcement. The Prosecutor General highlighted previous injunctions granted to betting operators Stake and CDA Gaming. Both decisions were later overturned by the chief judge of the Federal Regional Court of the 3rd Region (TRF-3).
The suspension will remain in place until the STF reaches a final decision on ADIs 8024, 8027, 8028 and 8035. In his ruling, Fux ordered the suspension of all pending cases in ordinary courts that question the constitutionality of PM 1,394/2026.
Prosecutor General Seeks Nationwide Suspension of Betting Lawsuits
On 6 November, the Office of the Prosecutor General (PGR) submitted a petition seeking an urgent nationwide suspension of lawsuits challenging Provisional Measure No. 1,394. The request was signed by Prosecutor General Paulo Gonet. He argued that different rulings from lower courts could undermine legal certainty across Brazil’s betting industry.
Gonet referred to cases involving Stake and CDA Gaming, the company behind Casa de Apostas, Betsul and Jogo Online.
Both operators had obtained preliminary injunctions from courts in São Paulo and the TRF-3. However, the decisions were overturned within one or two days after the Attorney General’s Office challenged them.
Read Also : Supreme Court Expands Debate Over Betting Ban.
The PGR also identified 13 other lawsuits contesting the effects of the provisional measure. It asked the Supreme Court to suspend all nationwide proceedings concerning the constitutionality of PM 1,394 until the matter receives a final ruling.
Supreme Court Justice Cites Legal Uncertainty and Social Risks
Justice Luiz Fux based his decision on two federal statutes and the STF’s internal rules.
The legal provisions allow a reporting justice to issue an urgent preliminary injunction in certain circumstances. However, such decisions must subsequently receive approval from the full Supreme Court. One of the statutes allows the STF to suspend cases involving the application of a disputed law until the court reaches a final judgment.
Another provision permits a reporting justice to grant emergency relief where there is an immediate risk of serious harm. The decision must then be submitted to the full court for confirmation.
However, Fux’s comments about the potential social impact of fixed-odds betting have raised further concerns within the industry.
In his ruling, the justice warned that conflicting court decisions could create legal uncertainty. He also described fixed-odds betting as an activity associated with significant social risks.
Fux referred to his previous remarks during a public hearing on 3 November 2026. He also cited his position in Extraordinary Appeal No. 966,177/RS, discussed during a plenary session on 6 August 2026.
No Date Set for Final Ruling on Brazil’s Betting Ban
The Supreme Federal Court has not announced a date for hearing the constitutional challenges against PM 1,394. STF Chief Justice Edson Fachin has ordered the joint examination of cases involving fixed-odds betting, municipal lotteries and Extraordinary Appeal No. 966,177. The latter concerns the legality of games of chance in Brazil.
Meanwhile, the betting industry faces continued uncertainty as it awaits the court’s decision. The provisional measure also remains before Congress, which must debate its provisions. However, lawmakers have yet to establish the required joint committee to examine the measure. Nearly 100 amendments have reportedly been submitted.
The measure’s initial validity period is due to expire on 23 November 2026. Congressional proceedings are also facing pressure because of the failure to vote on the provisional measure. This has further complicated the legislative process surrounding Brazil’s betting restrictions.
For operators, suppliers and investors, the coming weeks could prove critical in determining the future of the country’s regulated betting market.
