TRF3 Suspends CDA Gaming Order, Brazil Left Without Licensed Sportsbooks

The Federal Regional Court of the 3rd Region (TRF3) suspended CDA Gaming's injunction on 6 November 2026, removing the only active court exception to Brazil's ban on betting and leaving no licensed sportsbook legally taking bets in the country. TRF3 president Judge Luis Antonio Johonsom Di Salvo extended the October suspension previously applied to Stake to cover CDA Gaming; Prosecutor-General Paulo Gonet then asked Supreme Federal Tribunal (STF) Justice Luiz Fux to freeze nationwide every lower-court challenge to Provisional Measure 1.394 the same evening.

The TRF3 decision and its immediate effect

Judge Luis Antonio Johonsom Di Salvo signed an order on 6 November that, according to an Attorney General's Office (Advocacia‑Geral da União, AGU) release, extended to CDA Gaming the effects of the injunction suspension used earlier against Stake. The AGU quoted Di Salvo as finding a “risco concreto de grave lesão à ordem pública” (a concrete risk of serious harm to public order) arising from “instabilidade normativa” (regulatory instability). Di Salvo did not review the merits of CDA's case; he applied the presidential power in the TRF3 file that implemented the earlier Stake suspension.

BNLData reported the decision was signed at 18:37 in the Stake case, reference 5032238-54.2026.4.03.0000, and said CDA has five days to file an internal appeal that does not suspend the TRF3 presidency's order. Casa de Apostas — one of CDA's three brands — had been taking bets from 5 November and was, for a short period, the only licensed sportsbook trading since federal licences were issued on 25 October. BNLData reported that Betsul and Jogo Online displayed only a notice while Casa de Apostas traded.

Prosecutor-General asks STF to bar new rulings

Prosecutor‑General Paulo Gonet filed a petition on the night of 6 November asking STF Justice Luiz Fux to suspend nationwide all proceedings challenging Provisional Measure 1.394 until the STF issues a final ruling, Jornal de Brasília and BNLData reported. Gonet cited legal uncertainty and what he described as the measure's “aplicação assimétrica” (asymmetric application), using CDA's temporary order as an example. At the time those reports were published, Fux had not issued a ruling on Gonet's request.

BNLData counted 19 suits challenging the ban in federal courts: 14 in the TRF3 and five in the TRF1. With Di Salvo's suspension extending to CDA, none of those cases currently has an injunction in force.

How the STF has grouped the disputes

The Supreme Federal Tribunal has consolidated multiple betting-related matters into a joint judgment that includes the ADIs numbered 8024, 8027 and 8028, Fux's cases on the 2023 betting law, and RE 966177 on the gaming ban, according to BNLData and STF reports. On 4 November the STF plenary heard argument in ADPF 1212 — the case brought by Justice Nunes Marques on municipal lotteries — and STF President Edson Fachin suspended that hearing to resume “em data oportuna” (at an opportune date).

BNLData said Justice Flávio Dino suggested a joint judgment and that Fachin agreed to combine the municipal-lottery litigation with the challenges to Provisional Measure 1.394 and the broader 2023 betting-law disputes. STF reports indicate Justice Luiz Fux said he would need time to write his vote.

Congress, the provisional measures and the tax measure

Congress has not yet installed the joint committee charged with deliberating Provisional Measure 1.394; the Senate record on 6 November showed the committee awaiting installation with 99 amendments filed. The measure's first 60‑day deliberation period ends on 23 November 2026 and the urgency regime that can block a chamber's agenda begins on 9 November. The Constitution allows one 60‑day extension; BNLData calculated, counting the usual recess pause, that the provisional measure would lapse on 4 March 2027 if not voted earlier.

Separately, Provisional Measure 1.399, published on 4 November 2026, sets selective-tax rates for 2027. Its Article 7 fixes a 0.5% rate for “concursos de prognósticos” as defined in Complementary Law 214/2025, which BNLData reads as encompassing fixed‑quota betting. That tax provision takes effect on 2 February 2027. The government thus enacted a selective-tax measure effective from 2 February 2027 even as enforcement of the betting ban continues.

Enforcement actions and asset freezes continue

Enforcement operations proceeded during the litigation. On 5 November the Federal District Civil Police executed Operation Azzardo, targeting an alleged unlicensed betting network with 50 warrants and a court-authorised asset freeze of up to R$3.483 billion, which BNLData reported as a ceiling rather than an amount seized. Using the European Central Bank reference rate cited by Frankfurter, USD/BRL 5.5037 on 6 November, BNLData converted that ceiling to approximately $633 million.

What the TRF3 logic means for operators

Di Salvo's reasoning treats a single operator trading while others are shut as a harm to public order; that logic defeats individual companies' injunctions regardless of their merits, because isolated rulings would alter the nationwide application of the provisional measure while the STF resolves the consolidated cases. With CDA's injunction suspended, no operator currently holds an operative court order allowing licit trading.

Gonet's request to Justice Fux would prevent additional lower‑court rulings while the STF prepares a joint judgment. With the STF combining complex topics — the 1941 contraventions law, municipal lotteries and the 2023 betting law — the timetable for a final STF decision is uncertain. That leaves the practical calendar with Congress: unless the joint committee convenes and resolves MP 1.394, the provisional measure's own clock will run toward the March 2027 lapse date BNLData calculated.

The government's simultaneous publication of MP 1.399 with a 0.5% selective tax for contests defined under Complementary Law 214/2025 means that any operator who later wins market access would face the tax regime effective 2 February 2027.

"risco concreto de grave lesão à ordem pública" — Judge Luis Antonio Johonsom Di Salvo, quoted by the Advocacia‑Geral da União

Coda: with the TRF3 presidency's suspension in place and the Prosecutor‑General seeking a nationwide freeze, Brazil's licensed betting sector is again closed and no licensed sportsbook is currently permitted to accept bets pending the STF's consolidated judgment or congressional action. For regulatory context see the coverage in regulation and market reports in news.