Brazil Supreme Court set to resume case on constitutionality of betting ban

Brazilian Supreme Court Justice Flávio Dino authorised on Thursday the resumption of the trial that discusses whether gambling continues to be considered a criminal offence in Brazil.

In August, he requested a review of the process that assesses whether the 1988 Constitution contemplated the prohibition.

Before the request, Dino said he preferred to wait for the progress of other actions dealing with municipal bets and lotteries. With the progress of the court’s legal life, another action entered the agenda. The constitutionality or not of MP 1,394, which banned betting in Brazil. With the return, it will be up to the president of the STF, Edson Fachin, to schedule the resumption of discussions.

Supreme Court considers joint hearing

In early November, the Brazilian Supreme Court (STF) began judging the Argument of Non-Compliance with Fundamental Precept (ADPF) 1212, which discusses whether municipalities can create and operate lotteries, including sports lotteries. At the time, Dino recalled that he had requested a joint evaluation of the processes related to the topic. Minister Luiz Fux, responsible for the reporting of the actions discussing the constitutionality of bets and RE 966177, agreed. There is still no date for the resumption of the discussion.

Fachin responded that the Supreme Court should proceed in the direction of organising a joint session to examine the cases at an opportune moment. Initially, the actions would be analysed separately. Fux emphasised that he will need more time to prepare a vote that addresses all the points presented in the cases. 

“The Presidency’s stance is toward a separate judgment,” Fachin stated during the session discussing ADPF 1212. “However, I am open, of course, to the considerations of the panel and, given what we have seen here, including some arguments referencing yesterday’s public hearing, perhaps that is the path to eventually follow.”