Brazil’s STF Schedules Nov 3 Hearing on Betting Ban and MP 1.394/2026
Rapporteur Justice Luiz Fux summoned 26 participants; Congress deadline remains November 23.
Key Takeaways
- The Supreme Federal Court set a public hearing for 3 November 2026 to examine MP 1.394/2026 and the national betting ban.
- Justice Luiz Fux summoned 26 institutional participants, including ANJL, IBJR, the AGU, the Ministry of Finance, the CBF and ten football clubs.
- The court did not issue an immediate preliminary injunction, focusing on oral arguments before Congress must decide MP 1.394/2026 by 23 November 2026.
- Justice Fux previously voted in August 2026 to uphold Article 50 of the 1941 Criminal Misdemeanours Act during RE 966.177.
The Supreme Federal Court (STF) has set a public hearing for 3 November 2026 to examine Provisional Measure MP 1.394/2026 and the national betting ban. Justice Luiz Fux issued the procedural order within Direct Action of Unconstitutionality (ADI) 8.027 and summoned 26 institutional participants; the court declined to issue an immediate preliminary injunction, placing emphasis on oral arguments ahead of Congress’s 23 November legislative deadline.
Who has been summoned
Justice Luiz Fux named a broad cross-section of stakeholders for the Second Panel session room. The summons lists 26 participants including the trade associations Associação Nacional de Loterias (ANJL) and Instituto Brasileiro de Jogos e Regulação (IBJR), the Attorney General’s Office (AGU), the Ministry of Finance, the Brazilian Football Confederation (CBF) and ten top-flight football clubs. Civic and legal entities invited include Associação Brasileira de Emissoras de Rádio e Televisão (ABERT), Associação Brasileira dos Advogados Criminalistas (ABRACRIM), UERJ Reg, Confederação Nacional da Indústria (CNI), Associação Brasileira de Licenciamento e Entretenimento (ABLE), and AIGAMING. Plaintiffs in ADIs 7.721, 7.749, 8.024, 8.027, 8.028 and 8.035 are also on the list.
The procedural order arrived one day after the deadline established by MP 1.394/2026 for extinguishing existing gambling licences.
Legal posture and prior rulings
Justice Fux is the rapporteur for the constitutional challenges and comes to the hearing with a recent record on gambling regulation. In August 2026, during deliberations on Extraordinary Appeal (RE) 966.177, Fux voted to maintain Article 50 of the 1941 Criminal Misdemeanours Act, finding prohibitions on land-based games of chance compatible with the 1988 Constitution on grounds of public order and consumer health protection. During late 2024 hearings on ADI 7.721, Fux flagged insufficient regulatory controls and supported measures that blocked welfare disbursements such as Bolsa Família from wagering platforms and restricted promotional campaigns aimed at minors.
The parties’ positions and timing
ANJL and IBJR filed ADI 8.027 seeking suspension of the executive measure and preservation of the prior regulatory framework for fixed-odds betting. The associations asked the STF either to stay the ban pending full judicial or legislative review, or to order an orderly transition for licensed commercial operators. The legal challenge followed President Luiz Inácio Lula da Silva’s enactment of the nationwide betting ban and was lodged three days later.
The court’s decision to hold a hearing rather than issue an immediate injunction shifts focus to oral arguments scheduled for 3 November, leaving Congress responsible for deciding MP 1.394/2026’s fate by its 23 November deadline. Several congressional amendments under consideration would preserve sports betting while prohibiting online casino gaming; more than 90 amendments have been tabled against the provisional measure.
What the hearing will cover
The November 3 public session will permit commercial operators, sporting bodies and state prosecutors to present arguments on whether total prohibition or a regulated model best aligns with constitutional protections and public health aims. The hearing provides a structured forum for debating the legal validity of MP 1.394/2026 and the scope of the national betting ban.
Frequently Asked Questions
When will the Supreme Federal Court hold the public hearing on the betting ban?
The public hearing is scheduled for 3 November 2026. The session was ordered by Justice Luiz Fux within Direct Action of Unconstitutionality 8.027 and includes 26 summoned institutional participants.
Who did Justice Luiz Fux summon to the hearing on MP 1.394/2026?
Justice Luiz Fux summoned 26 participants, including ANJL, IBJR, the Attorney General’s Office (AGU), the Ministry of Finance, the Brazilian Football Confederation (CBF) and ten first-division football clubs, alongside civic bodies such as ABERT, ABRACRIM, UERJ Reg, CNI, ABLE and AIGAMING.
Has the STF issued an injunction against the betting ban?
The court did not issue an immediate preliminary injunction. The STF opted to hold oral arguments on 3 November 2026 and deferred ruling while Congress retains a deadline of 23 November 2026 to decide on MP 1.394/2026.
What prior rulings has Justice Fux made on gambling regulation?
In August 2026, Justice Fux voted to maintain Article 50 of the 1941 Criminal Misdemeanours Act during Extraordinary Appeal RE 966.177, finding prohibitions on land-based games of chance compatible with the 1988 Constitution to protect public order and consumer health.
Tags
About the author
Eleanor Whitfield
Regulatory Affairs Correspondent
Eleanor Whitfield tracks gambling legislation, licensing decisions, and regulator enforcement across key markets — from the UKGC, MGA, and Germany's GGL to Spain's DGOJ and the state-by-state map in the Americas. The reporting answers three questions precisely: what changed, where, and who it affects, with jurisdictions, effective dates, and penalty figures named exactly as published. Compliance officers and operators read Eleanor Whitfield to know which rulebook moved before their next board meeting.
More from Eleanor Whitfield
