Brazil’s Supreme Court Schedules Hearing on Betting Ban

Brazil’s Supreme Court (STF) has set November 3, 2026, for a public hearing concerning the nation’s betting ban and Provisional Measure (MP) 1.394/2026. This precedes any Supreme Court ruling on the ban, with Congress expected to decide the MP’s fate by November 23.

What Happened

Justice Luiz Fux, who is the rapporteur for the challenges against the measure, issued the order for the hearing in ADI 8.027. This action was filed by industry associations ANJL and IBJR with the aim of suspending the Provisional Measure, according to NEXT.io. The order from Justice Fux specifically called upon various stakeholders, including football clubs, gambling operators, the Attorney General’s Office, the Ministry of Finance, and representatives from the federal government, to participate in the upcoming court proceedings.

The scheduling of this hearing occurred one day after the deadline set by the Provisional Measure for the termination of gambling licenses, as reported by NEXT.io. The hearing is mandated to take place before any definitive Supreme Court ruling regarding the ban, and no injunction has been granted at this stage. Concurrently, Brazil’s Congress faces a deadline of November 23 to determine the ultimate status of the Provisional Measure.

Key Details

• Justice Luiz Fux issued the order for the public hearing in ADI 8.027, an action initiated by industry associations ANJL and IBJR to suspend Provisional Measure 1.394/2026, according to NEXT.io.
• The hearing is scheduled for November 3, 2026, at 10 AM, in the session room of the Second Panel of the Supreme Federal Court, as stated in the order (despacho) for the injunction request (Medida Cautelar) in ADI 8.027.
• Twenty-six participants are expected, including plaintiffs from ADIs 7.721, 7.749, 8.024, 8.027, 8.028, and 8.035, along with the Attorney General’s Office (AGU), the Ministry of Finance, various industry associations (ABERT, ABRACRIM, UERJ Reg, CNI, ABLE, AIGAMING), ten football clubs, and the Brazilian Football Confederation (CBF), according to Gaming Compliance News.
• The order has not yet specified the topics or format of the hearing, nor has it ruled on the requested injunction, as reported by NEXT.io.

Why It Matters

This public hearing represents a significant procedural step in the ongoing legal and regulatory debate surrounding fixed-odds betting in Brazil. The involvement of industry associations like ANJL and IBJR, along with football clubs and governmental bodies, underscores the broad economic and social implications of the Provisional Measure 1.394/2026. Justice Fux, who will chair the hearing, has previously expressed views on gambling, having voted in August in a separate case (RE 966.177) to maintain running games of chance as a criminal offense, citing potential harm to bettors’ finances and mental health, according to NEXT.io.

The timeline for Congressional review of the Provisional Measure, expiring on November 23, runs concurrently with the Supreme Court’s deliberations. The outcome of both processes will determine the regulatory framework for sports betting and potentially other forms of online gambling in Brazil. The lack of an immediate injunction to suspend the ban means that the previous authorization deadline for gambling licenses has passed, creating uncertainty for operators until a final decision is reached by either the judiciary or the legislative body, as stated by TokenPost.

What’s Next

Prior to the November 3 hearing, further developments may occur in ADI 8.027, including potential opinions from the Prosecutor General’s Office (PGR), decisions on requests to join the case as amici curiae, and additional urgent petitions. While Justice Fux has no fixed deadline for ruling on the injunction, any sole decision would require confirmation or overturn by the full court. A final ruling on the merits would necessitate further filings before being scheduled, according to NEXT.io.

In parallel, the 90-day review period requested by Justice Flávio Dino in the August gambling case concludes in early November. Challenges to the Provisional Measure could become moot if Congress allows it to lapse or significantly amends it. The joint committee responsible for reviewing the MP in Congress had not been installed as of October 21, with many of the more than 90 tabled amendments reportedly aiming to retain sports betting while prohibiting online casino games. The MP is scheduled to begin blocking other votes in the house where it sits on November 9, and could remain in force until March 2027 if its initial 60-day period extends automatically, as per NEXT.io.