Brazil Attorney General’s Office Challenges Constitutionality Of Betting Laws

Brazil’s Attorney General’s Office (AGU) has challenged the constitutionality of legislation underpinning the country’s regulated betting market.

In a submission to the Supreme Federal Court (STF), the AGU argued that provisions within Laws 13.756/2018 and 14.790/2023 are incompatible with Brazil’s Constitution.

The two laws form key parts of the legal framework governing betting in Brazil.

The AGU argued that the current legislation does not provide sufficient safeguards against potential harm to public health, families and the wider economy.

AGU Raises Concerns Over Existing Framework

In its submission, the AGU cited family debt, risks to children and adolescents and potential effects on the formal economy among its concerns over the existing framework.

It also cited a reported 140% increase in care provided through Brazil’s Unified Health System (SUS) to people experiencing gambling-related disorders.

“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 AGU said.

According to the submission, the framework includes “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”.

The arguments will now form part of the legal consideration surrounding the future of Brazil’s betting framework.

Supreme Court Considers Betting Ban

The development comes amid separate legal proceedings concerning the provisional measure issued by President Luiz Inácio Lula da Silva on 25 September to prohibit betting in Brazil.

STF Minister Luiz Fux, who is serving as rapporteur in the proceedings, requested information from the government regarding the measure.

Fux gave the AGU 72 hours to submit its response.

The AGU had previously requested a 72-hour period to respond following the filing of the first legal challenge against the betting ban.

During the proceedings, the AGU filed a separate action with the STF containing changes to elements of its legal arguments.

The Supreme Court proceedings add further uncertainty to Brazil’s betting sector as the legality of the existing regulatory framework and the government’s provisional measure remain under consideration.