Federal Court suspected the injunction granted to CDA Gaming on November 3 by Federal Appellate Judge Adriana Pileggi that allowed the operator to continue operating in Brazil.
The decision was appealed by the Attorney General’s Office (AGU), which argued against allowing operators to resume activities while the Provisional Measure 1,394/2026 constitutionality is still under review.
Judge Pileggi noted that the termination of licenses in such a short period of time caused harm to licensed operators. She also expressed concern about the observance of the constitutional principles of legal certainty, reasonableness, and proportionality. Johonsom di Salvo rejected the argument for maintaining the injunction. Referring to an earlier case involving Stake, in which he had also overturned a temporary authorisation granted by Pileggi, he said the issue was already under consideration by Brazil’s Supreme Federal Court (STF). He also cited Article 4 of Law No. 8,437/1992 as the legal basis for his authority to suspend the injunction.
Johonsom di Salvo said:
As already stated in the previous decision, the issue of the ‘bets’ in light of the provisional measure is sub judice before the Supreme Federal Court, and it would be inconvenient for public order for lower courts to anticipate their understandings.
CDA Gaming had already launched its Casa de Apostas and Betsul brands in Brazil before the decision was overturned. Its third brand, Jogo da Sorte, had not yet gone live.
STF to suspend legal challenges
Attorney General Paulo Gonet asked the Supreme Federal Court to suspend all lawsuits across the nation regarding the constitutionality of the measure, to avoid inconsistent decisions being rendered by lower courts in Brazil.
On 9 November, STF Justice Luiz Fux suspended lawsuits against the provisional measure until a final decision is made by the STF, aiming to prevent lower courts from giving conflicting rulings while the issue is being considered.
The Supreme Court has also held a public hearing discussing the regulation of betting as part of its deliberation on the matter. However, the suspension does not determine whether the provisional measure is constitutional.
All that is left for the industry now is to wait for further legal decisions regarding the future of an online gambling industry in Brazil.