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since 2009
Tuesday, November 3, 2026

Brazil Latin America

Brazil Top Court Hears Betting Ban Debate

By · November 3, 2026 · 6 min read
The white concrete and glass building of Brazil's Supreme Federal Court in Brasília under a cloudy sky, with a single man standing on the plaza in front
Photo: Rob Sinclair / Wikimedia Commons (CC BY-SA 2.0)

BRAZIL · JUSTICE

Key Facts

  • Power Index Brazil ranks 1st of 14 in The Rio Times Latin America Power Index, with 75.0 points (October 2026 edition).
  • What is happening Brazil’s Supreme Court held a public hearing on Tuesday, 3 November, on the government’s online betting ban, with football clubs, ministries and the betting industry each given ten minutes.
  • Why it matters The hearing feeds Justice Luiz Fux’s coming ruling on whether to suspend the decree, which stays in force meanwhile and has already pushed FanDuel owner Flutter out of Brazil.
  • The numbers Flamengo’s vice-president put the club’s losses at up to BRL 430 million (about US$79 million) a year and said about 1,200 jobs are at risk.
  • Who is who Fux is the justice handling the challenges; Justice Minister Wellington César Lima e Silva backs the ban; Flamengo, a Rio de Janeiro football club, leads the clubs against it.
  • What to watch Whether Fux suspends the decree or leaves it in force, and whether Congress confirms it inside its 120-day window.
  • What it means for you Betting sites and apps stay shut to anyone in Brazil, and US-listed operators with Brazilian exposure remain tied to the court’s next step.

Brazil’s Supreme Court heard clubs, ministers and the betting industry argue over the decree that shut online betting. The justice in charge has yet to rule.

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Brazil’s Supreme Court held a public hearing on Tuesday, 3 November 2026, on the government’s ban on online betting. It began at 10 a.m. in Brasília, which was 8 a.m. Eastern time in the United States.

Justice Luiz Fux, who handles the challenges to the ban, called the session to hear football clubs, ministries and the betting industry. He has not ruled on the request to suspend the decree, so the ban stays in force.

What the Brazil Supreme Court Betting Hearing Is About

At issue is Provisional Measure 1,394, signed on Friday, 25 September by President Lula of the left-wing Workers’ Party. It bans running, offering, brokering and advertising fixed-odds betting, including sports bets and online games.

The lead challenge, ADI 8027, was filed by the National Association of Games and Lotteries (ANJL), an industry group. It asks the court to suspend the decree at once and to declare it unconstitutional.

Six related cases challenge the decree or the 2023 betting law. Fux is the rapporteur, the justice who steers a case, in all of them, and the hearing only gathers evidence for him.

Each entity had ten minutes and could send two speakers. TV Justiça, the court’s own channel, broadcast the session live.

A floodlit Maracanã stadium during a match between Flamengo and Fluminense, with fans in red and black and in green and maroon in the foreground
A Flamengo v Fluminense match at the Maracanã in Rio de Janeiro in 2022, before the betting ban. The photo does not show the hearing or any event in this story. Photo: Boaventuravinicius / Wikimedia Commons (CC BY-SA 4.0)
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What Flamengo and the Clubs Told the Court

Flávio Willeman, vice-president of Flamengo, said the ban could cost the club up to BRL 430 million (about US$79 million) a year. He said about 1,200 jobs are threatened.

Flamengo argues the decree lacks the urgency a decree needs and breaches the principle of reasonableness. It wants the court to rule the measure unconstitutional.

Willeman said Flamengo is among the world’s biggest suppliers of Olympic athletes and that the loss would hurt their preparation. He said sponsorship contracts were signed under a law Congress passed and cannot be cancelled overnight by decree.

He accepted that betting can be addictive but compared it with alcohol and tobacco, which are regulated rather than banned. The club asked the court to strike the decree down and protect existing contracts.

Matheus Reis de Montenegro, speaking for Fluminense, called the ten-day transition period impossible to meet. He accepted that gambling addiction is a problem but said job losses also count.

What the Government Told the Court

Justice Minister Wellington César Lima e Silva told the hearing that betting has an undesirable closeness to organised crime and money laundering. The government says the ban protects families from harm.

Lula posted a video before the session saying more guests wanted betting to continue than wanted it ended. He urged civil society to follow the hearing and take part.

The Attorney General’s Office, the government’s legal arm, had asked for the hearing. Brazilian reports say Fux opened it by saying the court has received accounts of the harm betting causes.

The Row Over Who Was Invited

On Tuesday, 27 October, the court listed 26 entities, including ten football clubs and the Finance Ministry. A day later the list grew to 28, with the Sports Ministry among those taking part.

Deputy André Janones, a federal lawmaker from Minas Gerais, said the first list leaned toward people who want betting to continue. He asked where civil society was.

The court has published no written reply to the criticism. Its published list also names the Attorney General’s Office and the Prosecutor-General.

What It Means for You

For US readers, the ban touches New York-listed operators such as Flutter, owner of FanDuel, which has said it left Brazil. A ruling either way would matter to investors with Brazilian betting exposure.

Visitors and residents cannot use licensed betting sites or apps in Brazil while the decree stands. Operators were told to take their sites offline by Monday, 5 October.

What Is Not Known

Fux has not said when he will rule on the request to suspend the decree. One Brazilian report quotes him voicing support for a ban, but the court has not published that wording.

Flamengo’s losses and job figures are the club’s own estimates and have not been checked independently. Court notices list 26 and then 28 entities, and reports differ on how many spoke.

What Comes Next

Fux still has to rule on the request to suspend the decree. Congress has 120 days to confirm it, a clock that pauses during recess, or it lapses.

The explainer on the fight over the ban sets out the sides and the legal path. Earlier reports cover the government’s reply to Fux, the clubs’ lawsuit and the Stake ruling.

More is on the Brazil hub and on the Rio de Janeiro city page, home of Flamengo. Brazil’s wider politics are in Brazil Elections 2026.

Frequently Asked Questions

What is the Supreme Court hearing on Brazil’s betting ban?

It is a public session called by Justice Luiz Fux on Tuesday, 3 November. Clubs, ministries and the betting industry gave views on the decree that banned fixed-odds betting.

Is online betting banned in Brazil right now?

Yes, the decree of 25 September is in force and operators had to go offline by 5 October. Fux has yet to rule on suspending it.

Why does Flamengo say it is at risk?

Its vice-president said it could lose up to BRL 430 million (about US$79 million) yearly and that 1,200 jobs are threatened. These are the club’s own estimates.

Who decides whether the ban survives?

The Supreme Court decides the challenges, and Fux must first rule on the request to suspend the decree. Congress also has 120 days to confirm or reject it.

Sources: Federal Supreme Court, hearing notice, 27 October 2026; Federal Supreme Court, hearing schedule and format, 28 October 2026; Brazilian reporting of 3 November 2026 on the hearing (all accessed 3 November 2026).

This article was produced by The Rio Times’ automated newsroom system. How we use AI · Report an error · Editorial responsibility: Matthias Camenzind, Editor-in-Chief

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