Overview
- On Thursday, November 12, Minister Flávio Dino released for judgment a repercussão geral case that asks whether Article 50 of the 1941 Law of Contraventions — which criminalizes the exploitation of jogos de azar — remains valid under the 1988 constitution.
- Dino asked the full court to decide that case together with separate challenges to President Lula’s September 25 measure that ordered the immediate shutdown of online betting platforms and set an October 14 deadline for refunds.
- Relator Luiz Fux has already voted to preserve the 1941 prohibition and told a public hearing he favors banning online bets, positioning the Court toward a potentially unified ruling that could uphold both criminal liability and the MP’s restrictions.
- Because the case has repercussão geral, the Supreme Court’s final decision will bind lower courts across Brazil and could affect criminal cases, contracts and sponsorship deals, refund obligations, and the risk of pushing activity into an illicit market.
- Next steps are procedural: the file is back on the bench but the president of the STF must place the matter on the plenary agenda and set a hearing date before the Court can issue its binding ruling.