Brazil’s Supreme Court schedules public hearing on betting ban for 3 November
Luiz Fux of the Supreme Federal Court (STF) has scheduled a public hearing for 3 November at 10:00 AM to discuss actions concerning betting.
The session will be held in the 2nd Chamber of the STF. The hearing was requested by the Attorney General’s Office (AGU), the authors of the Direct Action of Unconstitutionality (ADI) 8.027 and entities admitted to the proceedings as amici curiae.
The discussion also involves Provisional Measure 1,394, issued a month ago by President Lula. The MP banned the exploitation, offering, intermediation and advertising of betting in Brazil.
Minister Luiz Fux made it clear during the elections that he would not take any action to prevent the measure from being interpreted as interference in the political process.
According to the magistrate, the hearing required urgent attention due to the deadlines established in the provisional measure and the economic impacts on Brazilian football and other sectors of the economy, especially from the point of view of legal certainty.
The STF had already held a public hearing on the effects of gambling, focusing on topics such as gambling addiction. The information gathered was considered in its ruling on games of chance, in which Fux highlighted the negative effects associated with betting.
Industry entities and football clubs
The provisional measure was challenged in the STF by entities in the sector, media companies and football clubs. The National Association of Games and Lotteries (ANJL) and the Brazilian Institute of Responsible Gaming (IBJR) requested the suspension of the measure, alleging its unconstitutionality.
In response to the actions, the AGU went to the Supreme Court to request the full maintenance of the ban and the holding of a public hearing on the subject. The AGU argued that the Union holds the authority to define the types of lottery games that can be operated in Brazil.
Fux is the rapporteur for other cases that were already discussing the regulation of betting before the enactment of the Provisional Measure. Thus, it was determined that the decision regarding the hearing should also be added to ADIs 7.721, 7.723, 7.749, 8.024, 8.028, and 8.035. The hearing, therefore, is not limited to the provisional measure on betting and will serve to support the STF in different processes related to the betting market.
Who is participating in the public hearing?
In his ruling, Luiz Fux scheduled a public hearing with the participation of the following entities:
1. National Confederation of Commerce of Goods, Services and Tourism (CNC), applicant of ADI 7.721;
2. Attorney General of the Republic, petitioner in ADI 7.749;
3. National Association for the Legal Security of Games and Betting (ANSEJA), applicant of ADI 8.024;
4. National Association of Games and Lotteries (ANJL), applicant in ADI 8.027;
5. Brazilian Institute for Responsible Gaming (IBJR), applicant in ADI 8.027;
6. National Association of Mayors and Deputy Mayors of the Federative Republic of Brazil (ANPV), applicant in ADI 8.028;
7. Abracopel – Brazilian Association of Concessionaires and Licensees of State Lotteries, applicant of ADI 8.035;
8. Attorney General of the Union;
9. Ministry of Finance;
10. Brazilian Association of Radio and Television Broadcasters (Abert);
11. Brazilian Association of Criminal Lawyers (ABRACRIM);
12. Economic Regulation Laboratory of the State University of Rio de Janeiro (UERJ Reg);
13. National Confederation of Industry (CNI);
14. Brazilian Association for Economic Freedom (ABLE);
15. International Gaming Association (AIGAMING);
16. Flamengo Rowing Club;
17. Fluminense Football Club;
18. Botafogo Football Corporation – In Judicial Reorganization (SAF Botafogo);
19. Cruzeiro Esporte Clube – Sociedade Anônima do Futebol;
20. São Paulo Football Club;
21. Sport Club Corinthians Paulista;
22. Ponte Preta Athletic Association;
23. Esporte Clube Vitória;
24. Guarani Futebol Clube – In Judicial Reorganisation;
25. Portuguesa Sociedade Anônima de Futebol; and
26. Brazilian Football Confederation.