Brazil’s Supreme Court Justice Halts Lower-Court Betting Ban Challenges

Brazilian Supreme Federal Court Justice Luiz Fux has ordered a nationwide suspension of lower-court proceedings challenging the constitutionality of Provisional Measure No. 1,394/2026, which prohibited fixed-odds betting and online casino operations.

The order remains effective until the Supreme Court definitively resolves the dispute. It is already in force but must still be submitted to the court’s plenary for confirmation. 

Prosecutor Warned of Conflicting Decisions

Fux acted following a November 6 request from the Prosecutor-General’s Office, which warned that operators were obtaining interim relief while the same constitutional questions were pending before the Supreme Court.

The court is considering four direct constitutional challenges to the measure. Fux said parallel proceedings risked producing contradictory decisions and legal uncertainty.

The suspension prevents those lower-court cases from progressing while the Supreme Court determines the central constitutional issue. It does not itself constitute a final ruling upholding the ban. 

CDA Gaming’s Interim Relief Already Suspended

The intervention follows conflicting decisions concerning CDA Gaming, which operates Casa de Apostas, Betsul and Jogo Online.

Judge Adriana Pileggi granted the company temporary relief on November 3. However, TRF-3 president Luís Antonio Johonsom di Salvo suspended its effect on November 6 at the federal government’s request. 

In suspending the relief, the TRF-3 president cited public interest and the need for uniform application of national policy. The decision removed CDA Gaming’s temporary route back to operation before Fux imposed the wider procedural suspension. 

Fux had expressed support for prohibiting betting during the November 3 public hearing. Those remarks indicate his stated position in that discussion, while the constitutional dispute still awaits a final judgment by the court.