Gubernatorial candidate Maria do Carmo has declared she plans turning Manaus' Tropical Hotel into a casino.
Still, the proposal runs into a basic constitutional problem: a state governor has no authority to legalize an activity banned under federal law.
Casino legalization would require Congress to change national legislation, meaning even a win wouldn't give Do Carmo the power to install roulette tables at the hotel.
The legal obstacle dates to 1946, when Decree-Law 9,215 reinstated a nationwide ban on gambling under Brazil's Criminal Misdemeanors Law and voided any licenses inconsistent with it.
Under article 22 of Brazil's Constitution, only the Federal Government can legislate on criminal law and matters involving lotteries and games of chance, meaning Amazonas state cannot unilaterally override the federal ban.
A bill to legalize casinos, Project 2,234/2022, has passed the Chamber of Deputies and received a favorable opinion from the Senate's Constitution and Justice Committee, but remained pending a full floor vote.
Committee approval doesn't mean casinos are cleared: the legislative process would still need to conclude, potentially returning to the Chamber if amended, before presidential sanction or veto.
Even if the law changes, the Tropical Hotel wouldn't automatically gain the right to operate gaming; it would need to meet whatever requirements and authorizations the eventual legislation establishes. Do Carmo claims that the hotel "already had a license for this," a statement that remains unexplained given the current federal ban.
A governor can advocate for legalization, engage with federal lawmakers and support tourism and infrastructure policy but cannot guarantee congressional approval, pre-empt federal authorization or ensure a specific hotel gets chosen for a casino license.
Before the ban, in Manaus, councillor Rodrigo Guedes filed a bill proposing to ban advertising and marketing activities by betting companies across the city.
Amazonas's runoff is now between Do Carmo and Senator Omar Aziz, who led the first round with 40.63% of valid votes to Do Carmo's 24.49%
