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Brazilian senators split over betting ban as Supreme Court decision looms

While industry groups argue it breaches legal certainty and free enterprise, Government and opposition senators disagree on the provisional measure banning betting.

2 min read
senate-dispute
Key Points
Provisional Measure 1,394/2026 has banned betting nationwide since September 25
Justice Luiz Fux will decide on industry requests to suspend the measure
Senators Damares Alves and Jaques Wagner both back ending betting, but differ on how

Senators from the Government and the opposition are divided over Provisional Measure (MP) 1,394/2026, which has banned betting nationwide since September 25.

The MP must be approved by Congress within 120 days to become permanent. Its immediate future, however, rests with the Supreme Federal Court (STF). 

Justice Luiz Fux, who is reviewing lawsuits challenging the 2023 Betting Law, is also set to rule on requests from industry associations, broadcasters and football clubs to suspend the measure, which they say creates legal uncertainty and violates the principle of free enterprise.

More than 40 amendments to the MP have also been filed by deputies and senators, with new submissions continuing this week.

Surprisingly, senator Damares Alves, who opposes betting, said the sector is right to question an immediate ban by provisional measure. She pointed to existing advertising contracts with broadcasters, arguing that cancelling them abruptly would cost jobs. 

"So let betting be ended in a phased way, giving the sector the opportunity to terminate its contracts without harming so many people," she said, adding that advertising could be banned immediately instead, through a bill she is an official for. 

"Congress made a mistake in approving it, and now they're going to make another mistake by ending up like this?," she argued.

Senator Jaques Wagner said that if Fux doesn't side with the challenge, Congress should approve the text. 

"I find it hard for anyone to argue against what has become a social illness with serious consequences across the whole of Brazil," he said.

Beyond the nationwide ban, the measure prohibits advertising, promotion and sponsorship tied to betting and places obligations on internet application providers and app stores, including barring them from offering betting products or services.

Recently, the Attorney General's Office (AGU), representing the Federal Government, asked Fux to reject the industry's requests and keep the ban in place. 

Good to know

The impact of Brazil's betting ban is reaching the sector's workforce, with at least 36 of the 188 previously authorized brands carrying out layoffs

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