Supreme Court Suspends Judgment on Extraordinary Appeal Challenging Brazil’s Ban on Games of Chance

After more than a decade of anticipation, Brazil’s Supreme Federal Court (STF) officially began hearing Extraordinary Appeal (RE) 966177 on Wednesday (5), a case that will determine the constitutionality of the country's longstanding prohibition on games of chance.

The appeal first reached the Supreme Court in 2016, before Brazil legalized and later regulated fixed-odds sports betting. According to information released by the STF, the central issue before the Court is whether the classification of operating or maintaining establishments for games of chance as a criminal misdemeanor remains compatible with the Federal Constitution.

At the heart of the case is Article 50 of Decree-Law No. 3,688/1941, the Law on Criminal Misdemeanors, which criminalizes the operation of physical bingo halls and casinos throughout Brazil. The justices are now examining whether this provision continues to comply with constitutional principles.

The opening session featured oral arguments from the parties involved, followed by the beginning of the reading of the opinion by the case’s rapporteur, Justice Luiz Fux. However, before concluding his presentation, Fux requested that the proceedings be suspended so he could continue delivering his opinion during Thursday’s (6) session.

Explaining his request, Justice Fux emphasized the importance of fully addressing the legal issues raised during the proceedings.

“My next step is to focus on the issue raised by the Prosecutor General regarding the value of the legal interest protected by Article 50.”

He continued by outlining the scope of the remaining portion of his opinion.

“In this context, I will address criminal misdemeanors and games of chance in a broad sense, along with all their consequences, so that we may assess whether we are safeguarding the legal interest of greatest value: the protection of society.”

Fux also noted that the complexity of the subject required additional time.

“To do so, I will need another 16 pages, allowing for the unhurried pace the subject demands.”

Supreme Federal Court President Justice Edson Fachin accepted the rapporteur’s request, stressing the importance of preserving the structure and logical progression of the opinion as it is presented.

“The rapporteur is presenting his vote in a way that maintains a rigorous logical flow. We will adjourn here for today and resume at the start of tomorrow’s session.”

At the close of Wednesday’s proceedings, Fachin formally announced the provisional status of the case.

“Following the reading of the report, the oral arguments, and the commencement of the rapporteur’s vote, the trial is suspended and will resume first thing tomorrow.”

By fLEXI tEAM