Brazil’s Supreme Federal Court (STF) resumed on Thursday its review of whether gambling activities should remain illegal, with Justice Luiz Fux continuing his vote as rapporteur in the case.
The court began examining the action on Wednesday. In the first part of his opinion, Fux argued that Congress should decide whether conduct is illegal and that the judiciary should override a legislative decision only when it clearly violates the Constitution.
Fux also said gambling has consequences beyond betting itself. He cited investigations involving criminal organizations, violent disputes over control of gambling operations and money-laundering schemes.
The justice said his vote would be extensive and that the court’s analysis should be interdisciplinary, considering the broader effects of gambling and online sports betting. He described betting companies, known in Brazil as “bets,” as a “harmful new marketing strategy.”
The case is being closely watched as a possible indication of how the STF may approach the constitutionality of Brazil’s law governing online betting. The court’s position on traditional gambling could help frame a future debate over whether the legislature’s regulation of bets is compatible with the Constitution.
Prosecutor General Paulo Gonet also addressed the court and defended maintaining the gambling ban. He argued that any change should come from Congress rather than the judiciary.
Gonet rejected the argument that state-authorized online betting weakens the case for prohibiting other forms of gambling. In his view, the regulation of bets shows that these activities require state oversight. He said the prohibition protects not only bettors’ money, but also public health, families, the economy and society more broadly.
The hearing had not concluded as of Thursday’s session. This is single-source reporting based on CNN Brasil’s account of the proceedings.