The future of Provisional Measure 1,394/2026 now rests with Supreme Court Justice Luiz Fux.
The minister is weighing whether to suspend the measure and allow Brazil's online betting market to resume operating.
This week, Fux gave the Attorney General's Office (AGU) 72 hours to respond to the betting industry's request to overturn the measure. Officials within the Government reportedly expect a ruling favoring operators would undo weeks of enforcement work.
The AGU is preparing to sue betting operators for over a billion reais to recover public spending on treating gambling disorders.
That expectation is said to be shared among betting and football club representatives, who believe Fux leans toward suspending the measure on legal certainty grounds.
The request came from the National Association of Games and Lotteries (ANJL) and the Brazilian Institute of Responsible Gaming (IBJR), filed within three existing lawsuits over the Betting Law already before Fux.
The associations argue there was no urgency justifying a provisional measure, that the Government presented no technical studies, and that operators paid for five-year licenses.
For the Government, the stakes are framed as consumer protection. The Finance Ministry says 28.65 million CPFs still hold balances on betting platforms totaling BR1.45bn. Between September 25 and October 1 alone, 10,435 illegal sites were flagged for blocking and 3,040 social media profiles and channels were requested for removal.
The AGU's response is expected today, the same day bettors' deadline to withdraw balances expires at 11:59pm; Fux can rule at any point after that.
Before the ban, Fux had already restricted betting access for social benefit Bolsa Família recipients and ads targeting children
