Stake Brazil Goes Offline After TRF-3 Suspends Temporary Injunction

Stake Brazil went offline on 10 October 2026 after the Federal Regional Court of the 3rd Region suspended the injunction that had allowed the operator to resume service two days earlier. The court presidency accepted an emergency appeal from the Attorney General’s Office, and the suspension restored the restrictions contained in Provisional Measure No. 1,394/2026.

What happened on 9–10 October: Stake Brazil offline and the TRF-3 ruling

On 9 October 2026 the Federal Regional Court of the 3rd Region (Tribunal Regional Federal da 3ª Região, TRF-3) suspended the operating permission that had briefly allowed Stake Brazil to remain online. Federal Appellate Judge Luis Antonio Johonsom di Salvo, president of TRF-3, granted the Attorney General’s Office (Advocacia‑Geral da União, AGU) emergency relief and found that the temporary exemption for Stake risked creating inconsistent enforcement across the market. The judge wrote:

"The fact that only one company remains authorised to regularly carry out economic activity while the others are subject to restrictions established by the Public Authorities demonstrates a regulatory asymmetry capable of affecting the execution of the implemented public policy," Judge Luis Antonio Johonsom di Salvo.

The suspension was applied on 9 October and took effect operationally on 10 October, at which point Stake Brazil’s website and app went offline again. The TRF-3 order restores the measures set out in Provisional Measure No. 1,394/2026 pending a final decision or another order from the court presidency.

The legal background: Provisional Measure No. 1,394/2026 and the constitutional question

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 requires termination of covered authorisations. Finance Ministry guidance confirms those restrictions apply to both sports betting and online casino games.

The suspension by TRF-3 addresses temporary court protection rather than the constitutionality of the underlying ban. Whether Brazil can legally maintain its betting prohibition remains a question for the Supreme Federal Court (Supremo Tribunal Federal, STF). Justice Luiz Fux is the justice currently reviewing the constitutional challenge, but he has signalled he will wait until after the presidential election before deciding whether to suspend the ban at the STF level.

Stake’s relief and the conditions set by the lower court

Stake had obtained short-term relief on 8 October 2026 from Federal Judge Cristiane Farias Rodrigues dos Santos of the 9th Federal Civil Court of São Paulo. Judge Cristiane allowed Stake to operate until 25 October 2026 or until another judicial decision intervened. The São Paulo order included specific operational conditions: operators must verify customer identity, ensure funds are available for customer withdrawals, and refrain from launching new promotional campaigns aimed at attracting customers.

Judge Cristiane denied Stake’s request to remain operating until the original licence expiry on 31 December 2029. Stake had sought leave to continue operating up to that date under the temporary protection; the federal appeals court decision removed that interim authorisation.

Why TRF-3 intervened: regulatory asymmetry and precedent risk

TRF-3’s presidency accepted the AGU’s emergency appeal on the basis that allowing a single operator to trade while federal restrictions apply to competitors would create a regulatory asymmetry. The court framed the issue as practical and systemic: an individual exemption could encourage similar applications from other operators and undermine the consistent enforcement of the provisional ban.

That reasoning is narrowly procedural. TRF-3 did not issue a final ruling on whether Provisional Measure No. 1,394/2026 itself is constitutionally valid. The court’s action reinstated the provisional regulatory regime pending further judicial consideration.

Industry and regulatory implications for operators and vendors

Operators and platform suppliers face legal and commercial uncertainty. The sequence of decisions — presidential provisional measure on 25 September, temporary relief on 8 October, TRF-3 suspension on 9 October and offline status on 10 October — illustrates how transient interim authorisations can be when the executive branch, prosecutor’s office and appellate courts are in active dispute.

The TRF-3 suspension shows the judiciary will weigh market‑wide enforcement consistency when evaluating individual relief. Operators seeking interim permits now risk rapid reversal if the AGU pursues emergency appeals. The case also highlights the difference between provisional judicial protections and final constitutional outcomes from the STF.

What to watch next

The constitutional challenge to the betting prohibition is pending before the Supreme Federal Court, where Justice Luiz Fux has the matter under review but has signalled he will delay action until after the presidential election. Industry associations have mounted separate litigation at the STF challenging the prohibition directly. Any STF decision to stay or overturn the provisional measure would supersede TRF-3’s procedural suspension.

In the short term, TRF-3’s presidency retains discretion to modify the suspension, and other courts may issue competing orders. Stake Brazil remains offline as of 10 October 2026 under the restored restrictions of Provisional Measure No. 1,394/2026.