STF May Consolidate Cases on Bets and Other Forms of Gambling in Brazil

STF Considers Consolidating Cases on Betting and Gambling

The proposal for a joint hearing covers different disputes involving Brazil's gaming and betting market. The cases that could be examined in the same session include:

• One case challenging the continued prohibition of jogo do bicho, bingo and slot machines.
• Three cases concerning the constitutionality of the initial regulation of fixed-odds sports betting (bets).
• Four cases challenging the legality of the provisional measure that ordered the prohibition of betting platforms.
• One case concerning the authority of states and municipalities to establish their own lotteries, raffles and sports betting systems.

Luiz Fux is the rapporteur for the proceedings related to the first three topics. The case concerning the possibility of states and municipalities establishing their own lottery and betting systems is assigned to Justice Nunes Marques. Its review was scheduled for Wednesday but was suspended amid discussions about consolidating the proceedings.

Fachin stated that he had initially considered holding separate hearings but acknowledged the connection between the matters and expressed openness to a joint examination.

Fux Requests More Time to Prepare His Opinion on Bets

During the session, Fux agreed with the possibility of expanding the hearing to include proceedings related to other forms of gambling. However, he pointed out that the increase in the number of cases and submissions presented to the Court requires more time to prepare his position.

“I think it would be interesting if Your Excellency [Fachin] considered including these peripheral issues as well, due to their similarity. I think that would be interesting. However, we have a small difficulty,” the justice stated.

Fux explained that the number of proceedings specifically related to sports betting had also increased, taking into account the cases challenging both the initial authorization of the market and the provisional measure that ordered its prohibition.

“We have four cases that challenged the law authorizing bets, and now we have four cases challenging the constitutionality of the suppression of bets. So the number of arguments has increased considerably, as have the interventions from the court's friends. I will need some time to prepare an opinion,” he explained.

Flávio Dino Supports a Comprehensive Review of Gambling

The possibility of bringing the different cases together was raised by Justice Flávio Dino. In August, he had requested a review of an appeal discussing the validity of the 1941 legislation that prohibits the operation of gambling activities in Brazil.

According to Dino, the purpose of his request was to allow this dispute to be examined together with proceedings concerning other forms of gambling, including sports betting, enabling the STF to establish a more comprehensive position on the matter.

“I requested a review of the gambling case, but I am ready to return it at the discretion of the Presidency and rapporteur Luiz Fux. The request was intended to enable the cases to be brought together,” he stated.

After hearing the justices' statements, Fachin indicated that the Court would move forward with organizing a joint hearing, taking into account the legal connections between the different proceedings.

“We will consider this timing and all these circumstances and move towards scheduling a joint hearing in due course,” the STF president stated.

So far, no date has been set for the review. The potential joint ruling could bring together, in a single judicial discussion, key issues for Brazil's gambling sector, ranging from the legal status of traditional gaming activities to the regulation and continuation of fixed-odds sports betting.