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The Brazilian Institute for Responsible Gaming (IBJR) has filed a formal application for authorization with Justice Luiz Fux from the Supreme Federal Court (STF) to join the conciliation hearing for the Direct Action of Unconstitutionality (ADI) No. 7.721/DF. The application was filed in the afternoon of February 3 and awaits scheduling for a new date for the hearing.
The initial hearing date for February 10, 2026, was cancelled by a monocratic decision issued by Justice Fux on February 2 due to scheduling conflicts with a session of the Second Chamber of the STF.
The Brazilian Institute for Responsible Gaming believes that it can make significant contributions to the debate and has referenced its own prior participation in the Public Hearing on the impact of fixed-odds betting in Brazil held on November 11 and 12, 2024.
Defense of the Constitutionality of the Betting Law
The Brazilian Institute for Responsible Gaming has referenced its prior manifestation in defense of the constitutionality of Law No. 14.790/2023 and its ability to contribute relevant information for the debate. In its prior manifestation, it provided detailed information on the evolution of betting regulation, details of the new law, and information on the ordinances issued by the Secretariat of Prizes and Betting of the Ministry of Finance (“SPA/MF”). The IBJR believes that it can contribute relevant information on how betting platforms function and how abusive gambling behaviors are prevented and regulated.
Representation and Market Presence
The Institute represents approximately 70% of the market share of the gaming and betting industry in Brazil. Among its membership are major international gaming operators, including Flutter (which owns PokerStars and Betfair), BET365, Entain (which owns Sportingbet), Kaizen (which owns Betano), KTO, BetMGM, and Novibet.
The document also shows IBJR’s familiarity with control methods for the prevention of gambling addiction and its understanding of the role of regulation in the prevention of the improper exploitation of fixed-odds betting.
Issues Under Discussion in the Hearing
The issues to be discussed in the hearing include the operation of blocking and compulsory closure of active betting accounts and the maintenance of the ban on new registrations of beneficiaries of social programs on betting platforms.
The IBJR expresses its concern that its absence from the discussion may have a negative impact on the search for technically viable solutions to the issues raised in the regulation of betting in the country.
Decision Maintains Suspension of Account Closures
Justice Luiz Fux maintains all determinations made in his previous decision regarding the case, including the suspension of the blocking and compulsory closure of already active betting accounts of the beneficiaries of Bolsa Familia and the Continuous Cash Benefit (BPC).
This partial suspension remains in force, prohibiting the closure of active betting accounts while maintaining the ban on new registrations established by Normative Instruction SPA/MF 22/2025.
Background of the Legal Controversy
This controversy started with the issuance of Ordinance SPA/MF No. 2.217/2025 and Normative Instructions SPA/MF No. 22/2025 and 24/2025. As a result, different interpretations were made on how to apply the precautionary measure, only in part granted by Fux on November 13, 2024, and then upheld by the STF Plenary on November 18.
The National Association of Gaming and Lotteries (ANJL), an association of 21 legally authorized or authorization-seeking betting companies in Brazil, has contested the Ministry of Finance’s regulations. According to them, such regulations are beyond what was decided in the previous court ruling and are against the principles of economic freedom and equality.
Request to Act as Amicus Curiae
In the document, the Institute indicates its representatives as attorneys Vicente Coelho Araújo, Anna Maria da Trindade dos Reis, and André da Costa Santa Ritta. The IBJR also makes a renewed request to be admitted as an amicus curiae in ADIs No. 7.721, 7.723, and 7.749, as per Article 138 of the Civil Procedure Code and Article 21, XVIII, of STF’s Internal Rules.
The document is signed by attorneys Anna Maria da Trindade dos Reis (OAB/DF No. 6.811), Thiago Luiz da Costa (OAB/DF No. 48.651), and Caio Humberto Pássaro de Laet (OAB/DF No. 56.081), who are the legal representatives of the Institute.
Source: BNL Data
