Brazil’s betting operators have lost their back door. On 8 November 2026, Supreme Federal Court (STF) judge Luiz Fux ordered that every case in the lower courts that questions whether Provisional Measure (MP) 1.394 is constitutional be put on hold nationwide. MP 1.394, published on 25 September, bans fixed-odds betting in Brazil. The pause lasts until the STF itself decides the four direct challenges to the measure, ADIs 8024, 8027, 8028 and 8035. The court announced the decision on the morning of 9 November.
What the prosecutor asked for
The request came from Prosecutor General Paulo Gonet on 6 November. According to the decision text, his petition argued that first-instance and appeal judges had started granting urgent relief to single companies while the same question sat before the STF. It named two such orders. One let Stake Brazil keep operating until 25 October. The other, at the federal appeals court for São Paulo (TRF-3), let CDA Gaming run its Casa de Apostas, Betsul and Jogo Online sites again. We covered both at the time, in our Stake Brazil post and our CDA Gaming post.
The petition also listed 13 case numbers where the measure was being fought, Stake’s among them. By our count of those numbers, 11 sit at the federal court in São Paulo city and 2 at other federal courts in the TRF-3 region. Add the CDA appeal and that makes 14 cases cited in total. That is not a full census of every suit in Brazil, only the ones the prosecutor named.
Why Fux granted it
Fux wrote that parallel cases on the same question could produce conflicting rulings and legal uncertainty. He added a stronger line: the risk of “potentially releasing an activity recognised as harmful and of high social risk”, pointing back to his remarks at the 3 November public hearing. He decided alone, as rapporteur, because of urgency. The order is already in force, but the full court still has to confirm it in a plenary referendum. No date for that vote has been published.
The CDA reprieve was already gone before Fux signed. On 6 November, the TRF-3 president, Judge Johonsom Di Salvo, suspended it at the request of the Attorney General’s Office (AGU), applying the same reasoning used against Stake in October. So neither of the two company orders the prosecutor named is still in effect, and any new lower-court case on the question would go straight on hold.
Key facts
Decision: Min. Luiz Fux, ADI 8027, signed 8 November 2026; announced by the STF on 9 November.
Effect: all lower-court cases on the constitutionality of MP 1.394 suspended nationwide until the STF rules on ADIs 8024, 8027, 8028 and 8035.
Requested by: Prosecutor General, petition of 6 November 2026.
Next step at the STF: plenary referendum, date not set.
Congress: MP 1.394 joint committee not yet installed; deliberation window runs to 23 November, with urgency in force since 9 November (Congresso Nacional, checked 10 November).
Sources: STF news, decision text, AGU.
Why it matters for GambleFi
Brazil was one of the largest licensed betting markets in the world, and a long ban risks pushing its players towards offshore sites, including crypto casinos that never held a Brazilian licence. Until now, operators had two routes back: win at the STF, or win a local judge. Fux has closed the second route. Everything now runs through the four ADIs and through Congress, which still has to vote on the measure. Our posts on the ten-hour hearing and on the challenges filed after Lula’s win set out who is arguing what.
For iGaming tokens, the GambleFi coins tied to onchain casinos, the point is simple. A platform that serves Brazil without a licence is not covered by any of these cases, and the ban gives the government more reason to block it. Holders should check where a casino’s users actually come from before treating a token as a play on Brazil. This is a news summary, not legal or investment advice. The GambleFi FAQ explains how crypto casinos and iGaming tokens are regulated.