AGU Petitions Supreme Federal Court to Declare Brazil’s 2018 and 2023 Betting Laws Unconstitutional
Brazil’s AGU has urged the STF to invalidate betting laws 13.756/2018 and 14.790/2023 for failing to protect public health, families, and the economy, citing a 140% rise in addiction cases. The STF rapporteur has allotted the AGU 72 hours to comment on a related presidential ban issued 25 September. The move could disrupt the legalized betting sector.
SCCG Take — This constitutional challenge risks invalidating Brazil’s betting licenses, requiring operators to assess contingency plans while regulators await STF clarity on protective standards.
The Attorney General’s Office (AGU) in Brazil has called for the country’s betting laws to be ruled unconstitutional.
In a statement sent to the Supreme Federal Court (STF), the AGU requested that Laws 13.756 of 2018 and 14.790 of 2023 be declared incompatible with the Constitution. The AGU maintained that these laws offer insufficient protection and fail to establish adequate mechanisms to prevent harm to public health, families, and the economic order.
Constitutional Flaws Identified by AGU
Among the harmful effects cited were family debt, the lack of protection for children and adolescents, and negative impacts on the formal economy. The AGU also noted a 140% increase in care provided by the Unified Health System (SUS) to individuals with disorders caused by gambling addiction.
“The reasons set forth above demonstrate that the regulatory framework of Laws No. 13.756/2018 and No. 14.790/2023 was extensively flawed,” the request stated. The AGU further described the framework as including “an exploratory leniency that could not be reconciled with the adequate protection of fundamental rights of paramount importance, such as human dignity, public health and the minimum subsistence level”.
Next Steps in the Supreme Court Case
Minister Luiz Fux, the rapporteur for the matters at the STF, requested information from the government concerning the provisional measure banning betting in Brazil. The measure was issued by President Luiz Inácio Lula da Silva on 25 September.
On Friday, Fux determined that the AGU has 72 hours to comment on the matter. The AGU itself had requested this timeframe from the minister to respond to the case after the first lawsuit was filed. During this period, the AGU filed a new lawsuit with the STF, changing some points of its argument. It gained the initial time it hoped for and now has a further 72 hours.
This challenge, as first reported by iGaming Business, places the legal foundation of Brazil’s betting industry under fresh scrutiny.
Reporting: iGaming Business (iGB)
Generated by SCCG’s automated editorial system from published source reporting. SCCG Management holds editorial responsibility.
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