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Brazil’s Federal Supreme Court (STF) is likely to strike down specific provisions of a December 2023 online betting law that aim to restrict state-authorised betting or lottery offerings, based on a non-binding opinion published on Friday (October 18).
The governors of São Paulo, Rio de Janeiro and five other states filed a legal challenge in May to contest two provisions that prevent operators of fixed-odds betting or other lottery games from obtaining a licence or concession from more than one state, or from advertising beyond the borders of the state where they are licensed.
In a 26-page , presiding judge Luiz Fux said both provisions violated were unconstitutional, in part because they improperly restrict the ability of states to compete with the federal government in the operation of lottery games.
The full bench of 11 justices did not get the opportunity on Friday to vote on whether to adopt Fux’s opinion, as one judge requested a postponement. A final ruling is now expected on October 25, according to the STF's website.
The case is one of several pending with Brazil’s top court related to online betting.
A leading Brazilian retail association is separately challenging the entirety of Law 14.790 of December 2023, while the state of Rio de Janeiro and the federal government are contesting Rio's authority to authorise operators to accept bets beyond the state's borders.
Brazil's Supreme Court has indicated it is likely to rule in favour of the states in erasing two provisions of the country's gambling law.
