Fux Suspends Lower-Court Cases Challenging Brazil’s Online Betting Ban

Brazilian Supreme Federal Court Justice Luiz Fux has suspended lower-court proceedings challenging the country’s prohibition of fixed-odds betting. The interim order, signed on 8 November and published on Monday, grants a request from Prosecutor-General Paulo Gonet while the Supreme Court considers the measure’s constitutionality. The pause applies nationwide until the court finally decides four constitutional cases, ADIs 8.024, 8.027, 8.028 and 8.035. Fux’s individual decision is subject to confirmation by the plenary. In his order, he described fixed-odds betting as an activity “of high social risk.” The ruling concerns the handling of legal challenges and does not finally decide whether Provisional Measure 1.394/2026 is constitutional. Gonet’s 6 November request argued that conflicting injunctions were creating legal uncertainty and unequal application of the prohibition. The order cited a São Paulo federal-court injunction allowing Stake Brazil to operate until 25 October, and a 3 November appeal decision permitting the Casa de Apostas, Betsul and Jogo Online platforms to operate despite the measure. The provisional measure is dated 25 September. At a Supreme Court hearing on 3 November, Attorney-General Jorge Messias defended its constitutionality, arguing that earlier regulation had failed to protect health, dignity, public security and families effectively. Flamengo vice-president Flávio de Araújo Willeman criticized the prohibition, saying sponsorship agreements had been signed under the legislation then in force and calling for legal certainty and freedom of enterprise.