Brazil’s Supreme Court has temporarily suspended its review of whether land-based casino gambling and bingo should remain criminal offences under the country’s existing legislation.
Supreme Court President Edson Fachin approved the suspension after Justice Flávio Dino requested more time to examine the case. The court began reviewing the issue on August 5 but has not yet reached a final decision.
Court Reviews Brazil’s Gambling Prohibition
The case, Extraordinary Appeal (RE) 966.177, examines whether Brazil’s 1941 Law of Criminal Offences remains compatible with the country’s 1988 Federal Constitution. The legislation currently prohibits several forms of land-based gambling, including casinos and bingo.
The question has gained renewed attention because Brazil now regulates online casino gaming and sports betting. The regulated market launched in January 2025, creating a clear distinction between the country’s legal online sector and its long-standing restrictions on land-based gambling.
However, the Supreme Court cannot directly legalise casinos or bingo halls. Instead, the judges will determine whether existing legislation can continue to classify these activities as criminal offences.
The court began hearing oral arguments on August 5, with Justice Luiz Fux, the case’s rapporteur, presenting his opinion before the session ended. The court then resumed proceedings the following day, but Dino’s request for additional review postponed further consideration.
Justice Raises Questions Over Betting Rules
Dino said the case raises questions about the relationship between gambling and fixed-odds betting. He argued that the court needs to clarify whether the legal treatment of gambling should also apply to betting activities.
The Public Prosecutor’s Office of Rio Grande do Sul originally brought the case after the Appeals Panel of the Special Criminal Courts rejected the classification of gambling as a criminal offence. The panel argued that the existing prohibition conflicts with constitutional principles.
If a majority of Supreme Court justices ultimately finds the 1941 prohibition incompatible with the 1988 Constitution, land-based gambling would no longer constitute a criminal offence.
Congress Would Still Need to Regulate Casinos
However, such a ruling would not automatically legalise casinos or bingo halls. Any commercial operation would still require a regulatory framework approved by Brazil’s National Congress and sanctioned by the federal government.
The potential ruling therefore represents an important legal development for Brazil’s land-based gambling sector, but significant legislative hurdles would remain.
Meanwhile, the issue faces an unusual contrast at the federal level: the current government under President Luiz Inácio Lula da Silva has also expressed support for restricting online casino gambling.
The Supreme Court’s eventual decision could therefore influence Brazil’s broader approach to gambling regulation and shape the future relationship between land-based casinos, online gaming, and betting.
