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Regulatory

Brazil's Betting Ban Draws 99 Amendments, Several Rewriting It to Restore the Licences

Antonina TupikovaBy Antonina Tupikova · Founder, iGaming Times3 min read
Brazil's Betting Ban Draws 99 Amendments, Several Rewriting It to Restore the Licences

Congress's record shows 99 amendments to Provisional Measure 1.394 when filing closed on 13 October, 94 of them still live. The most ambitious would not soften the ban but replace it, reviving the extinguished licences under a stricter rulebook, and the committee that must weigh them has no chair or rapporteur nine days before the licences lapse.

  • Brazil's Congress logged 99 amendments to Provisional Measure 1.394 when filing closed on 13 October, against 48 on 6 October, with 40 dated the last day; five have been withdrawn, leaving 94
  • The amendments come from 18 deputies and seven senators; BNLData's count of 97, reported by Yogonet, appears to miss the record's last two entries
  • Amendment 64 from Deputy Mauricio Neves (PP-SP) would restore the extinguished licences without a new fee, extend them by the time lost, limit advertising to brand identification and require technology suppliers to be registered
  • Deputy Bebeto (PP-RJ) would turn the measure against the unlicensed market only, while Átila Lira (PP-PI) and Capitão Alden (PL-BA) would keep licences valid to term
  • The joint committee has no chair or rapporteur, the measure must be voted by 23 November unless extended, and Justice Luiz Fux has still not ruled on the cases against it

Congress Closes the Amendment Window With a Rival Rulebook on File

Filing for amendments to Provisional Measure 1.394, the decree issued on 25 September that bans fixed-odds betting in Brazil, closed on Tuesday 13 October after an extension past the election's first round. The next morning the Congress record logged the result: "foram apresentadas 99 emendas" (99 amendments were presented). Five have been withdrawn, by Pedro Aihara (PP-MG), Senator Jorge Kajuru (PSB-GO), with three, and Senator Romário, leaving 94.

The Senate's open data shows 59 amendments by 10 October and 40 dated 13 October, from 18 deputies and seven senators. Capitão Alden and Senator Sargento Reginauro (PSDB-CE) filed 17 each.

BNLData's analysis, as reported by Yogonet on 16 October, counted 97, with 38 on the final day, from 18 deputies and six senators, and 92 left. The record's last two entries, both dated 13 October, are a 17th amendment from Reginauro, where Yogonet counted 16, and the only one from Senator Carlos Portinho (PL-RJ), which would account for the gap. Estadão's Broadcast service, carried by Diário do Grande ABC, put the live total at 94.

Amendment 64 Turns the Ban Into a Rulebook

Amendment 64, one of four Neves filed on 13 October, rewrites the whole measure so that it "restabelece o regime de exploração autorizada" (restores the authorised regime) of Law 14.790/2023. Licences extinguished under Article 4 would be restored in their original conditions without a new application or a new fee, and their terms extended by the period of interruption. States could restore their own grants, and refunds already paid would stand.

iGaming glossary: 430+ terms explained.

The price is a tighter regime. Advertising would be limited to "identificação institucional de sua marca" (institutional identification of its brand), with proof of authorisation and a risk warning; games, odds, bonuses, calls to bet and links to deposits would be barred, and paid digital advertising could reach only age-verified users. Shirt sponsorship would survive, but not on under-18 kit.

The text reaches beyond operators. Suppliers of games, random number generators, platforms, sportsbook engines and aggregators would need Finance Ministry authorisation or registration, and one found serving an unlicensed operator would have 15 days to stop. Ad platforms, social networks, search engines and app stores would have to check advertisers' licences and remove reported ads for unlicensed operators within 48 hours, or 24 hours after official notice. Operators would have to identify financially vulnerable bettors. The justification argues that a ban does not end demand but moves it to operators that ignore identification, protection of minors and anti-money laundering rules.

Other Routes Back, and Amendments Pulling the Other Way

Bebeto's Amendment 59 strips out the ban, aims the measure's tools at the unlicensed market and restores the authorisations for their remaining term. Its justification says the amount wagered in the first half of 2026 was 12.4% lower than a year earlier, and cites the Finance Ministry's statement to a records request, the day before the measure, that it had no impact studies. It puts the unlicensed share of bets at about 44%, citing only "estimativas recentes" (recent estimates).

Átila Lira's Amendment 77 and Alden's Amendment 69, in identical wording, keep federal licences valid from 25 September to the end of their terms. Another Alden amendment would refund the unused share of the R$30 million (approximately $5.8 million) licence fee, adjusted by the Selic rate; Julio Arcoverde (PP-PI) proposes no refund at all. Alden also proposes taking derivative contracts regulated by the Securities and Exchange Commission (CVM) out of the measure "qualquer que seja o evento subjacente" (whatever the underlying event).

Others push the opposite way. Reginauro would bar any future authorisation from covering slots, roulette, crash games or virtual sports, and ban night-time betting. Portinho would raise sport's share of federal lottery revenue, saying Olympic and Paralympic sport stands to lose about R$2.6 billion (approximately $500 million) by 2027.

iGaming glossary: 430+ terms explained.

A Committee Without Officers, and a Court Without a Ruling

The joint committee, designated on 30 September, had no chair, rapporteur or meeting on the record by 16 October. Under the calendar, the measure locks each chamber's agenda from 9 November and must be voted by 23 November, a deadline Article 62 of the Constitution allows to be extended once by 60 days. The licences are extinguished on 25 October, the day of the presidential run-off.

At the Supreme Federal Tribunal (STF), the ADI 7721 and ADI 8027 dockets show no decision; the first went back to Fux on 15 October after a new petition. Stake's one-day exemption was suspended by the TRF3's president on 9 October.

The Fight Is Over the Licences, Not the Ban

The restoration clauses are the most telling choice in the file. Under Article 62 of the Constitution, if a provisional measure lapses and Congress does not regulate its effects by legislative decree within 60 days, relations formed while it was in force remain governed by it. Bebeto's justification makes the point directly: without an express clause, the extinguished licences would stay extinguished even after conversion. That is why Neves, Bebeto and Alden write restoration in, and Neves and Alden add the lost months to the term. On that reading, simply letting the measure die would not bring the regulated market back.

Amendment 64 Offers a Trade, and Suppliers and Platforms Would Pay Part of It

Neves's text is the closest thing on file to a complete alternative, built on the channelisation argument: restore the licensed market, then squeeze the unlicensed one through suppliers, payment rails and ad platforms. Supplier registration with a 15-day cut-off would make B2B companies part of enforcement. But the case rests on assertions the amendments do not evidence, such as Bebeto's 44%, and it faces public opinion: Datafolha found 78% support for the ban.

The Calendar Favours the Government

The licences lapse before the committee has officers, so any restoration would come after refunds are paid and staff laid off. With 94 amendments, a rapporteur not yet named can pick almost any shape, from a sports-only market to full restoration; who is chosen, and who wins the run-off, may matter more than the count.

Congress has written the alternatives to Brazil's ban in detail. It has not yet appointed the people who will choose between them, and the licences expire first.

Sources

Citations and primary documents this article references. Captured at the time of writing.

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