Brazil's Supreme Court has temporarily suspended the hearing regarding the prohibition of land-based casino gambling. Minister Flávio Dino requested the postponement to allow additional time for legal review.
The court is examining Extraordinary Appeal RE 966.177 to determine if the 1941 Law of Criminal Offences prohibition aligns with the 1988 Federal Constitution. Minister Dino argued that the current legislation creates confusion between gambling and fixed-odds betting. He asked, "If gambling is a misdemeanor, is betting also a misdemeanor?
We need to explain this."
Legal Proceedings and Outcomes
The review began on August 5 with oral arguments. Rapporteur Luiz Fux started presenting the opinion but requested the session be closed and resumed on Thursday. The action was initiated by the Public Prosecutor’s Office of Rio Grande do Sul against a decision by the Appeals Panel of the Special Criminal Courts.
The panel previously rejected the classification of gambling as a criminal offence, citing constitutional conflicts.
If the majority of ministers rule the prohibition unconstitutional, land-based gambling will cease to be a criminal offence. However, operating authorization will still require regulations approved by the National Congress and sanctioned by the federal government.
Online casino gambling in Brazil is currently regulated following its introduction with licensed sports betting in January 2025. Meanwhile, the government led by President Lula da Silva has indicated plans to push for a ban on online casino gambling.