Fux attends PGR and suspends processes about betting in the country
STF Minister suspends the processing of actions in lower instances that question the Lula government's provisional measure on betting
TL;DR
- Minister Luiz Fux of the STF suspended all ongoing judicial processes nationwide concerning the constitutionality of Provisional Measure n. 1.394 of 2026, which ended online betting.
- The decision was made following a request from the Prosecutor General's Office (PGR) to prevent diverging legal understandings and legal uncertainty.
- The suspension is provisional and remains valid until the STF definitively rules on the constitutionality of the measure through four separate Direct Actions of Unconstitutionality.
- The PGR highlighted that lower courts were issuing conflicting urgent decisions, suspending the provisional measure and creating asymmetric application of federal law.
- Examples cited include the Federal Justice of São Paulo granting preliminary injunctions to companies like Stake Brazil, CDA Gaming, Betsul, and Jogo Online.
- Minister Fux justified the exceptional measure by citing the presence of 'fumus boni iuris' (likelihood of right) and 'periculum in mora' (danger in delay), along with the sensitive economic nature and potential social harm of the betting industry.
- The ruling paralyzes all individual and collective demands challenging the provisional measure at the first instance and federal regional courts until the STF concludes its definitive judgment.