Brazil attorney general seeks 72-hour response window ahead of betting ban decision
The Brazilian attorney general’s office (AGU) has asked Supreme Federal Court (STF) Minister Luiz Fux for 72 hours to respond to a legal challenge against the country’s betting ban.
The request was made on Monday after betting entities filed a lawsuit with the STF to overturn the provisional measure that prohibits betting, which was announced by Brazilian President Luiz Inácio Lula da Silva on Friday.
According to the AGU, the responsible bodies need time to defend the acts and regulations in question. The request is strictly procedural and does not anticipate a position on the merits of the discussion.
The National Association of Games and Lotteries (ANJL) and the Brazilian Institute for Responsible Gaming (IBJR) want the effects of the measure to be suspended. They also request that the Ministries of Finance and Justice, Anatel (the Brazilian telecommunications regulatory agency), the Central Bank, Caixa Econômica Federal (a Brazilian state-owned bank) and the Internet Steering Committee do not revoke licences, prohibit payments or block websites and applications.
The organisations consider the provisional measure to be unconstitutional. According to them, the proposal does not demonstrate the urgency required for a provisional measure, lacks technical studies of its impacts and could reduce confidence in Brazil’s business environment.
According to the lawsuit, Brazil has 85 licensed companies, each of which paid BRL30 million ($5.7 million) for the concession. The provisional measure would create the risk of the government having to return the amounts paid, which total approximately BRL2.5 billion.
Note from the attorney general’s office
The AGU said the request was intended to ensure the government has an opportunity to respond to the latest submissions before the STF considers the sector’s claims.
“The attorney general’s office requested this Monday (28 September) that the Supreme Federal Court grant a 72-hour period for the presidency of the Republic and the AGU itself to comment on the requests submitted by the National Association of Games and Lotteries (ANJL) and the Brazilian Institute of Responsible Gaming (IBJR) in actions discussing rules applicable to the fixed-odds betting sector,” the statement read.
“ANJL, an entity representing companies in the gaming and betting sector, filed a petition with the Supreme Federal Court within the scope of ongoing legal proceedings, questioning measures related to the regulation and operation of betting platforms. IBJR also formulated requests related to the matter. In light of these new submissions, the attorney general’s office considers it necessary that the bodies responsible for defending the challenged acts and regulations have the opportunity to present their arguments to the rapporteur beforehand.
“For this reason, the attorney general’s office requested that the presidency of the Republic and the attorney general of the Union be heard within 72 hours before the Supreme Court considers the requests made by the entities.”