Brazil’s Attorney General's Office (AGU) has asked Minister Luiz Fux of the Supreme Federal Court for 72 hours to respond before the court considers a legal challenge to the country’s betting ban.
The request was submitted on Monday, 28 September, after the National Association of Games and Lotteries (ANJL) and the Brazilian Institute for Responsible Gaming (IBJR) brought proceedings seeking to overturn a provisional measure prohibiting betting. Brazilian President Luiz Inácio Lula da Silva announced the measure on Friday.
The AGU said the additional time was needed by the bodies responsible for defending the challenged measures and regulations. It stressed that the request was procedural and did not indicate its view on the substance of the case.
Industry groups seek suspension of measure
ANJL and IBJR are asking the Supreme Federal Court to suspend the provisional measure’s effects. They also want the Ministries of Finance and Justice, Anatel, the Central Bank, Caixa Econômica Federal and the Internet Steering Committee prevented from revoking licences, restricting payments or blocking betting websites and applications.
The organisations argue that the measure is unconstitutional. Their case says it does not establish the urgency required for a provisional measure, is not supported by technical studies on its potential impacts and could undermine confidence in Brazil’s business environment.
The lawsuit states that Brazil has 85 licensed companies. Each paid BRL30 million ($5.7 million) for its concession, meaning the measure could expose the government to claims for the return of approximately BRL2.5 billion.
AGU requests response before court review
In its statement, the AGU said it wanted the presidency of the Republic and the AGU itself to have an opportunity to address the latest submissions before the Supreme Federal Court reviews the industry groups’ requests.
The office said ANJL had filed a petition in ongoing proceedings concerning rules governing the regulation and operation of betting platforms, while IBJR had submitted separate requests related to the same issue.
The AGU said the new filings made it necessary for the authorities defending the disputed acts and regulations to present their arguments to the rapporteur first. It therefore asked that the presidency of the Republic and the attorney general of the Union be heard within 72 hours before the court considers the applications submitted by ANJL and IBJR.
