Brazil Attorney General’s Office Urges Supreme Court to Uphold Betting Ban
The AGU has formally asked the Supreme Federal Court to reject legal challenges from industry bodies, arguing the previous regulatory framework failed to protect minors and prevent financial crime.
- Brazil’s Attorney General’s Office (AGU) has asked the Supreme Federal Court to dismiss injunctions against the recent betting ban.
- The office cited the previous legislation as “extensively flawed,” with failures in child protection and preventing money laundering.
- The move comes ahead of the presidential election runoff, as industry bodies warn the ban will fuel the black market.
Brazil’s Attorney General’s Office (AGU) has urged the nation’s Supreme Federal Court (STF) to maintain the recently enacted betting ban and dismiss legal challenges seeking to overturn it. The submission responds to a lawsuit filed by the National Association of Games and Lotteries (ANJL) and the Brazilian Institute for Responsible Gaming (IBJR), which are attempting to reverse the prohibition introduced via a provisional measure in late September.
In its argument, the AGU stated that the legislation which had governed betting proved to be “extensively flawed.” The office detailed significant difficulties in protecting children and adolescents, as well as preventing money laundering and the financing of crime. The AGU disputed industry claims that the government had not considered the economic impacts of the ban, stating that the change was based on experience gained after implementing the regulation and on impacts related to household debt and public health. It added that the government had accounted for the reduction in revenue from the end of betting.
The legal action from the ANJL and IBJR, filed as Direct Actions of Unconstitutionality (ADIs), claims the sudden disruption violates legal certainty. The industry bodies have warned that the ban will likely drive bettors towards unregulated black market operators.
Countering these concerns, the AGU provided enforcement data from the first week after the ban was enacted, reporting that 10,435 illegal websites were blocked. Additionally, more than 3,000 requests were made to remove illicit pages, profiles, and groups from online platforms. The AGU also addressed an ANJL figure of 18,195 illegal websites, stating that these were not necessarily created in response to the provisional measure.
The case is currently under review by rapporteur Justice Luiz Fux. The AGU has requested that Brazil’s prosecutor general be heard within 72 hours before Justice Fux rules on the industry’s requests. The office also called for a new public hearing to update a debate held in November 2024. This has prompted criticism that the requests could be a tactic to delay a decision until after the second round of the presidential elections on 25 October, which will see incumbent President Lula face Liberal Party leader Flávio Bolsonaro.
The AGU’s filing asks the court to reject any attempts to suspend the provisional measure. This includes efforts to preserve the activity of companies that were already authorised or to extend the transition period by at least six months. The office maintained that all operations were carried out through authorisations granted according to the “convenience and opportunity” of the Ministry of Finance, which it said were subject to review at any time.
