Brazil’s Supreme Federal Court (STF) has postponed a landmark case that could determine the future legal status of gambling activities in the country after Justice Flávio Dino requested additional review of the proceedings.
The case aimed to determine whether the country’s longstanding criminal prohibition on games of chance remains compatible with the 1988 Constitution. The proceedings concern Article 50 of the Law of Criminal Misdemeanors, which has prohibited the operation of games of chance in public or publicly accessible locations since 1941.
The underlying case involves a man convicted after three slot machines were found at his commercial establishment. The Public Prosecutor’s Office of Rio Grande do Sul appealed after the state court ruled that the prohibition had not been incorporated into Brazil’s current constitutional framework.
Justice Luiz Fux, the rapporteur of Extraordinary Appeal (RE) 966.177, voted to maintain the prohibition on land-based gambling activities, including bingo, slot machines, jogo do bicho and casinos. However, the legality of online betting is being addressed separately through Direct Actions of Unconstitutionality (ADIs), which were not part of the scheduled hearing.
Dino argued that separating online betting from other gambling activities creates a legal inconsistency, stating that bets are fundamentally games of chance and should receive the same treatment under the law. He further noted that if the STF declares a general ban on these activities, it would need to explain why online betting should receive different treatment.
The STF’s final decision will carry general repercussions, meaning the ruling will apply to similar cases nationwide. According to the court, the outcome could affect at least 2,728 ongoing cases across Brazil.
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