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Brazil’s Federal Supreme Court upholds decree restricting betting ads

Justice Flávio Dino has rejected a request to suspend Minas Gerais' decree banning betting advertising on state property.

1 min read
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Key Points
Justice Flávio Dino denied ANJL's request to suspend Minas Gerais' betting advertising decree
Dino found the restrictions apply only to state-controlled property and government-backed events, not advertising generally

Supreme Court Justice Flávio Dino has denied a request to suspend Minas Gerais' Decree 49,279/2026, which restricts advertising for fixed-odds betting operators.

The decree also restricts adult content platforms on state-owned property and at events organized or supported by the state government. The National Association of Games and Lotteries (ANJL) had challenged the decree, arguing the state overstepped federal authority over commercial advertising and exceeded its regulatory power by addressing a matter it says requires legislation rather than a decree.

In rejecting the injunction request, Dino found the restrictions don't broadly target betting advertising, but apply specifically to institutional communication channels, property under the state executive's responsibility, and events the Minas Gerais government organizes or supports. 

He characterized the measure as falling within the state's autonomy to manage its own assets and resources. 

Dino also rejected, at this stage, the argument that the restrictions would require approval from the state legislature, citing the constitutional principle reserving administrative organization matters to the executive branch. 

"It is unequivocal that the Executive Branch is responsible for financial planning, spending schedules and management priorities," he wrote.

The inquiry specifically flagged how expanding betting access has affected vulnerable populations, noting that funds meant for basic household needs were increasingly redirected toward betting. 

Dino found no substantive grounds to suspend the Minas Gerais decree.

The decree, signed in August by Governor Mateus Simões bans betting advertising on state-owned property and roads, as well as at stadiums the state leases to private operators, including the Mineirão, home to Cruzeiro's matches in the Brazilian Championship, and the Mineirinho multi-sport arena.

Good to know

The ban extends to pitch-side advertising during matches, even though the Brazilian Championship itself is sponsored by betting operator Betano

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