Stake Brasil goes offline after TRF-3 suspends temporary authorisation

Stake Brasil went offline on 10 October 2026 after the Tribunal Regional Federal of the 3rd Region (TRF-3) suspended the judicial order that had allowed its temporary return. Stake's website and app had resumed operations on 8 October, but the suspension followed an appeal by the Advocacia-Geral da União (AGU) accepted by the presidency of the TRF-3.

Stake brasil suspensión: what the TRF-3 decided

The president of the TRF-3, federal judge Luis Antonio Johonsom di Salvo, admitted an emergency appeal from the AGU and concluded that the exception granted to Stake could create a “regulatory asymmetry” compared with other operators subject to federal restrictions. In his order the magistrate said:

“The fact that only one company remains authorised to carry out regular economic activity while the others are subject to restrictions established by the Public Powers demonstrates a regulatory asymmetry capable of affecting the implementation of the public policy implemented.” — Luis Antonio Johonsom di Salvo, president of the TRF-3

The 9 October decision restored the limitations imposed by Provisional Measure No. 1.394/2026 and set aside the temporary protection that had allowed Stake to accept bets for a few days. The suspension is provisional and will remain in force until a final ruling or a new decision by the court presidency.

Legal context: Provisional Measure No. 1.394/2026 and its scope

President Luiz Inácio Lula da Silva introduced Provisional Measure No. 1.394/2026 on 25 September 2026. The measure prohibits the operation, offering, intermediation and advertising of fixed-odds betting and orders the termination of authorisations covered by the measure. Guidance from the Ministry of Economy clarifies that the restrictions cover both sports betting and online casino games. The text of the measure is discussed in the national [regulatory coverage](/regulation).

The measure is provisional in nature and its constitutionality is being challenged before the Supremo Tribunal Federal (STF). The constitutional court will have the final say on whether the ban can be maintained in the legal order.

The procedural fight between courts: temporary protection and the AGU appeal

Stake obtained limited relief on 8 October when federal judge Cristiane Farias Rodrigues dos Santos, of the 9th Federal Civil Court of São Paulo, authorised the company to operate until 25 October or until a new judicial decision. That authorisation included specific obligations: identity verification of customers, availability of funds for withdrawals, and a ban on new promotional campaigns aimed at user acquisition.

The judge rejected, however, Stake's request to continue operations until 31 December 2029, the expiry date of its original licence. The judge's ruling was what the AGU appealed to the TRF-3, an argument the appellate court found persuasive because of the risk of differentiated treatment among operators.

What it means for Stake and the Brazilian market

The TRF-3 decision forces Stake Brasil to cease the temporarily authorised activity and applies a practical restriction aligned with the Provisional Measure. It does not resolve the substantive question about the constitutionality of the ban; that point is under review by the STF.

Industry organisations have filed challenges at the STF against the Provisional Measure. Minister Luiz Fux, responsible for the constitutional matter, has indicated he will wait until after the presidential election before deciding whether to suspend the ban. That stance leaves a quick nationwide resolution uncertain.

Regulatory and compliance implications

The core of the dispute is not a technical debate about a single company’s licence but the consistency of applying the restriction across different operators. The TRF-3 held that authorising one market player without extending the same treatment to others could undermine the effectiveness of the public policy set out by the Provisional Measure. For operators and suppliers this implies:

• increased operational risk while provisional measures remain active;

• the need to prepare regulatory responses at both judicial and administrative levels;

• close monitoring of the STF's stance and any guidance from the Ministry of Economy.

Next procedural steps and timetable

The suspension ordered by the TRF-3 is provisional; the situation can change with a new decision by the appellate court or with the STF's resolution on the constitutionality of Provisional Measure No. 1.394/2026. With Minister Luiz Fux postponing a decision until after the presidential elections, a definitive resolution could take weeks or months. Follow developments in the [news timeline](/news).

Meanwhile, Brazilian operators and international investors should watch three fronts closely: the TRF-3 decisions, any additional measures presented by the AGU or the Federal Government, and the pronouncement of the Supremo Tribunal Federal.

What sector participants should monitor

Legal and compliance departments of operators, platforms and providers must keep contingency plans and customer service processes for withdrawals and account verification up to date. Commercial teams need to comply with current prohibitions on advertising and acquisition and prepare alternative regulatory scenarios if the STF confirms the ban or orders its suspension. Companies and their advisers should coordinate with industry groups and [b2b contacts](/b2b) where appropriate.

The situation highlights the interaction between provisional decisions in lower courts and the final ruling of the constitutional court, with immediate operational consequences for companies that were already active in Brazil.

Gonzalo Marín, Operations correspondent.