Gilmar Mendes Suspends Judgment on Betting Law at the Supreme Federal Court (STF)

The Supreme Federal Court (STF) interrupted the judgment of the Direct Action of Unconstitutionality (ADI) 7640 after Minister Gilmar Mendes requested a review. The action, signed by the governors of São Paulo, Minas Gerais, Acre, Paraná, Mato Grosso do Sul, Rio de Janeiro, and the Federal District, challenges aspects of Law 14.790/2023, which regulates online betting and modified Law 13.756/2018.

The central point of ADI 7640 is the prohibition on a single economic group holding concessions for lottery services in more than one state. According to the governors, this restriction favors economically stronger states, while smaller states with less capacity to attract private operators may be disadvantaged. "These consequences should fall mainly on economically weaker states," the ADI argues.

Another issue raised is the prohibition on advertising lottery services outside the state in which they are provided. This restriction, for instance, prevents a lottery in Paraná from advertising to residents of other states. The action’s authors argue that ticket sales occur when a user purchases the product, not during the advertisement. In their view, the restriction violates reasonableness and compromises free competition by limiting the advertising reach of lotteries.

Before the request for review, the rapporteur, Minister Luiz Fux, voted in favor of the action, arguing that the Union cannot grant itself preferential treatment to the detriment of the states. According to him, this affronts the federative principle and Article 19 of the Federal Constitution.

The judgment will resume on a new date. According to STF regulations, requests for review must be returned within 90 days.