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Brazil’s Betting Ban: Provisional Measure No. 1,394 and What Comes Next

On 25 September 2026 Brazil’s president signed Provisional Measure No. 1,394 (Medida Provisória), which banned fixed-odds betting in the country, that is sports betting and online casinos, including for operators abroad. The regulated market that opened under Law 14,790/2023 is closed. Licences are extinguished on 25 October, banks and payment institutions may not process such transactions, and all advertising is prohibited. The measure has been in force since publication, but Congress must turn it into law and the Federal Supreme Court has already received challenges. We cover what the measure says, what happens to operators, payment institutions and affiliates, and the scenarios in Congress and the court. Licences are extinguished on 25 October with no compensation, sites went offline from 6 October, banks may not process betting payments, and advertising and affiliate programmes aimed at Brazilians are banned. Congress must decide the measure’s fate by 23 November, and the Supreme Court has not yet ruled on suspending it.

Checked on 21 October 2026. Rules and sources are current as of this date.

What is banned

Article 1 bans, across the whole country, the operation, offering, intermediation and advertising of fixed-odds betting lotteries, physical and online. The ban also applies when a company abroad offers bets to a person located in Brazil. Article 3 defines a fixed-odds bet as staking an amount in the expectation of a prize determined by a multiplier. An online game is an electronic channel where the result is determined by a random generator of numbers, symbols, figures or objects under the rules of the system.

What is banned

Bets on real sporting events and on virtual events of online games, that is sports betting and online casinos.

Foreign operators

The ban expressly covers those who offer bets from abroad to people in Brazil (art. 1).

States and the Federal District

Their authorisations for such lotteries end on the same date (art. 2). Other lottery types authorised by law are not affected (art. 1, para. 2).

What is repealed

Article 29 repeals articles 1 to 21 of Law 14,790/2023 on authorisation, Chapter V of Law 13,756/2018 and article 68 of Law 15,421 of 1 June 2026. What remains includes article 41 on sanctions and article 21-A on blocking illegal operators.

New authorisations

From the date of publication no new authorisations are issued and pending applications lapse (art. 6).

Transition timeline

The timeline is based on the text of the measure and on the Ministry of Finance page updated on 7 October.

DateWhat happens
25 SeptemberThe measure is published. New deposits into operators’ transactional accounts and new authorisations are prohibited
Until 5 October, 23:59Players may withdraw balances voluntarily. Advertising and sponsorship signs must be removed within ten days (art. 16, para. 2)
From 6 OctoberSites and apps must be unavailable, including in app stores
6 and 7 OctoberOperators send banks a list of players by CPF (Brazilian individual taxpayer number) with the amounts to refund and the accounts the money came from
9 to 14 OctoberBanks refund the players
From 15 OctoberAmounts that could not be refunded go to a dedicated account at Caixa Econômica Federal
25 OctoberLicences, permissions and concessions are extinguished (art. 4)
9 NovemberThe measure enters urgency status in Congress
23 NovemberThe first 60 days of the measure end

What happens to operators

Licences end on grounds of public interest. An operator cannot claim back the authorisation fee it paid and receives no compensation from the state (art. 4). The extinction does not prevent the Secretariat of Prizes and Bets from reviewing facts that occurred while the authorisation was in force (art. 5). During the transition the operator must do the following.

Open bets

Bets whose result has not been determined by the time the site goes offline are void, and the player is refunded in full with no deductions. Winnings on bets already settled are paid (art. 7).

Refunds

Within two days after going offline the operator must ensure liquidity, send banks a list of players by CPF and inform the Secretariat of Prizes and Bets. Money for refunds is kept apart from the operator’s assets (art. 8).

Fine

Failure to meet these duties carries a fine of R$200,000 a day until remedied, without prejudice to other sanctions (art. 8, para. 2).

Remaining duties

Tax and regulatory obligations for the period of operation, AML (anti-money laundering), responsible gambling and sports integrity requirements all remain. Data on players, bets and payments must be kept for at least five years and reports go through the Sigap system (arts. 10 and 11).

Sanction cases

Breaches of the transition are punished under article 41 of Law 14,790/2023. Pending sanction proceedings are suspended and will be closed if the operator meets all transition duties on time (arts. 12 and 13).

Foreign operators

The rule is direct for them. Bets to people in Brazil are banned (art. 1), and in our view a licence from another country does not change that. The Ministries of Finance and Justice can request blocking of sites through Anatel and of .br domains through CGI.br (art. 23). By 27 September a task force of the two ministries had taken down 506 sites. Under article 28, funds in the blocked accounts of an illegal operator may be forfeited to the state in an administrative procedure, without a prior court case, and the money goes to the National Public Security Fund.

Payment institutions and banks

Article 14 prohibits financial and payment institutions and the founders and participants of payment arrangements, including instant payments, from processing, settling or enabling transactions intended for fixed-odds betting. There is an exception for transactions needed to wind down operations and refund players. The Central Bank issued Resolution BCB (Central Bank of Brazil) No. 590 on 28 September, published on 30 September.

From 25 September

The obligation applies from the date the measure was published, not from the date of the resolution (art. 1 of the resolution).

Arrangement rules

Compliance does not require changing the arrangement rules. Founders may change them without prior authorisation from the Central Bank and without consulting participants, but must report the changes immediately after making them (art. 1, para. 2, and art. 2 of the resolution).

Excluding participants

Arrangement founders must provide rules that make all participants comply with the ban, including those not supervised by the Central Bank, and must exclude violators (art. 14, para. 1 of the measure).

Refunds and reporting

The Central Bank will set up an electronic communication system to reject transactions and return funds between banks for illegal bets in real-time transfers (art. 15). Article 21-A of Law 14,790/2023 stays, so the duty to report to COAF (Brazil’s financial intelligence unit) operations linked to an illegal operator and the blocking of its accounts remain. Players’ money is refunded within seven days of receiving the list, preferably to the account it came from (art. 9).

Our takeaway for payment providers

The text of the measure introduces no separate fines for banks, but the resolution makes the ban binding from 25 September, and arrangements can exclude a participant. Merchants that take payments from Brazilian players should be checked by line of business and by contract, and payments for such clients suspended until clarified.

Affiliates, advertising and sponsorship

Article 16 bans advertising, marketing and sponsorship of fixed-odds betting in any physical or digital medium. The ban covers any content that offers, promotes, discloses or facilitates access to such betting and is directed at the Brazilian public, regardless of format or form of compensation. The measure does not say what makes content directed at the Brazilian public. The words about the form of compensation, in our view, cover revenue-share affiliate programmes and fixed-fee payments per acquired player.

What is banned

Affiliate links, operator reviews, bonus offers, tips, influencers and sponsored material that lead Brazilian players to betting.

Deadline

Advertising and sponsorship had to be removed within ten days of publication, that is by 5 October (art. 16, para. 2).

Exception

The ban does not apply to content published before the measure in which betting advertising appears only incidentally, such as a recording of an earlier broadcast (art. 17).

Consequences

A breach is treated as abusive advertising under art. 37, para. 2 of the Consumer Defence Code (Law 8,078/1990). The sanctions of art. 56 of that code apply, including counter-advertising, and display of the content can be suspended as an interim measure. Civil and criminal liability remains (art. 18).

Platforms

Internet application providers must prevent such content from circulating, even when created by third parties, and remove it on notice, and app stores must not allow such products (arts. 19 to 21). The Ministry of Justice imposes sanctions on platforms of up to 10% of the group’s Brazilian turnover for the last year, or R$10 to R$1,000 per registered user where there is no turnover, capped at R$50 million per infringement, and can suspend or ban activity on repeat breaches (art. 22). A Ministry of Justice technical report of 27 September already recorded ads on Meta and Google that were shown after the measure was published.

Our takeaway for affiliates

Brazilian betting traffic should be stopped altogether, not just reworded. Platforms are liable for such content by law, so ads and materials will be taken down.

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Scenarios in Congress

The Constitution sets the procedure for provisional measures (art. 62). A measure lapses from the date it was issued unless converted into law within 60 days. The period can be extended once for another 60 days and does not run during parliamentary recess. Voting starts in the Chamber of Deputies, and before the plenary sessions the measure goes through a joint committee. After 45 days urgency status begins, which blocks other business in the chamber where the measure sits. According to the Congress website on 21 October, the joint committee was designated on 30 September but has not yet started work (status “awaiting installation”), and the deliberation period runs from 25 September to 23 November. The deadline for amendments was extended to 13 October because of the elections, 99 amendments were filed by 25 members of Congress, and five were withdrawn. Possible softening will be visible from the content of the amendments, which are published on the measure’s page.

Pass unchanged

The measure becomes law and the ban stays.

Pass with changes

Congress adopts a conversion bill, and the measure stays fully in force until it is sanctioned or vetoed (para. 12). Softening is possible here, for example a longer transition.

Let it lapse

It lapses from the date of issue and Congress must settle the legal relations that arose by legislative decree. If there is no decree within 60 days, those relations remain governed by the measure (paras. 3 and 11). Such a measure cannot be reissued in the same legislative session (para. 10).

Timing and public opinion

Allowing for the extension and the recess from 23 December to 1 February, the total period runs to roughly early March 2027, and the exact date will be set by a Congress act on the extension. The measure’s page also hosts a citizen vote, in which at 15:46 on 21 October 491,640 people voted in favour and 81,238 against. The poll has no binding force.

What is happening in the Federal Supreme Court

The measure is challenged in two new direct actions of unconstitutionality (ADI), which the Court reported on 28 September. ADI 8028 is also listed in the case, along with earlier cases 7721, 7723 and 7749 on Law 14,790/2023 itself. Justice Luiz Fux is the rapporteur by prevention.

ADI 8024, Anseja

Asks to suspend the measure and restore the previous legislation. Its arguments are that there was no constitutional urgency for a provisional measure, the subject cannot be regulated by provisional measure, there is no budget impact estimate, and legal certainty, free enterprise and the federative pact are violated. In the alternative it asks for a transition of at least 180 days and for site blocking and forfeiture of funds to depend on a court decision.

ADI 8027, ANJL

Asks to suspend the measure, keep the current regime with the authorisations already issued until Congress or the court rules on the merits, and declare Chapter V of Law 13,756/2018 and Law 14,790/2023 constitutional.

Status on 21 October

According to the case page for ADI 8027, the request to suspend the measure is with the rapporteur, the last movement is dated 9 October, and many interested parties have filed as amicus curiae. The page shows no decision on suspending the measure and no deadline for one.

Scenarios for business

These scenarios are not a forecast but a map of possible turning points.

ScenarioWhat it meansWho is affected
The court refuses to suspend and Congress passes the measureThe ban stays, licences are extinguished, the market is closedEveryone
The court suspends the measure in fullThe previous regime under Law 14,790/2023 returns, as the plaintiffs ask, but sites are already offline and money is refunded, so a restart will take timeOperators, payment institutions
The court gives partial reliefFor example a transition of at least 180 days or a court decision for blocking and forfeiture of fundsOperators
Congress passes it with changesSoftening on sport, the transition, sponsorship. The measure stays in force until the new text is approvedOperators, clubs, affiliates
The measure lapsesA legislative decree is needed, otherwise relations from the period it was in force stay under the measureEveryone

What to do now

  1. Stop Brazilian traffic

    Switch off campaigns and affiliate links aimed at Brazil and remove old materials caught by article 16.

    Start here
  2. Check payments

    Find clients and merchants that take payments from Brazilian players and stop those operations until clarified.

  3. Reconcile refunds

    Operators should make sure all amounts were refunded to players and that reports to the Secretariat of Prizes and Bets were filed on time. Closing of sanction proceedings depends on it.

  4. Preserve data

    Data on bets, players and payments must be kept for at least five years.

  5. Watch the dates

    The next dates are 25 October (licences), 9 November (urgency), 23 November (Congress’s first deadline) and the Supreme Court ruling on the requests.

  6. Plan other markets

    A business that relied on Brazil should choose other jurisdictions and licences in advance.

No decision yet

The measure has applied since 25 September and its fate is not yet settled. Do not count on the ban being lifted until there is a court decision or a law.

Brazil did not tighten betting regulation but replaced a regulated market with a ban, and the only question now is how long it will last.The LegalBit team

Frequently asked questions

Is the ban in force now?

Yes. The provisional measure has been in force since publication on 25 September 2026. It stays in force until Congress rejects it, converts it into law or the Supreme Court suspends it.

Can a company abroad still accept players from Brazil?

No. Article 1 expressly covers those who offer bets to people in Brazil, and with blocked sites and payments that model is practically impossible to run.

What happens to players’ money?

Players could withdraw balances until 5 October. The operator passes the rest to banks for refund, and whatever could not be returned goes to a dedicated account at Caixa Econômica Federal.

Are state lotteries affected?

No. Article 1, para. 2 leaves other lottery types authorised by law untouched. Fixed-odds betting authorised by states is, however, banned too.

What if Congress does not vote?

The measure lapses from the date it was issued, and the relations that arose while it was in force must be settled by legislative decree. If there is no such decree within 60 days, they stay governed by the measure.

Can the Supreme Court strike down the ban?

It can suspend the measure on the requests that Justice Fux is considering, or declare it unconstitutional on the merits. There is no decision on the requests yet.

See also: An iGaming License: Your Key to a Legal and Successful Online Business; Online casino licence: Curaçao, Malta, Estonia, Anjouan or Tobique; Transaction Laundering and Miscoding; Illegal Gambling Through Other Businesses’ Card Payments; Responsible gambling and AML for operators. Services: iGaming lawyers.

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