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[POLITICS] · Brazil · 20 sources

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Brazil Supreme Court reviews 1941 gambling law amid constitutional challenge

On 5 August 2026 the Supreme Federal Court (STF) began hearing a case on the constitutionality of Brazil’s 1941 Law of Contraventions, which criminalises the exploitation of games of chance such as slot‑machine parlours, bingos and illegal betting. The case was brought by the Ministry of Public Prosecutor of Rio Grande do Sul (MPRS) after a state court acquitted a man who operated three slot‑machine machines.

Justice Luiz Fux is the rapporteur. In the first part of his vote he stressed that the issue is not about individual gamblers but about whether the law can remain a valid tool for public protection. Prosecutor‑General Paulo Gonet and prosecutor Flávia Raphael Mallmann argued that the law is needed to curb gambling‑related harms, citing super‑indebtedness and addiction. Article 50 of the 1941 law defines the conduct as a contravention punishable by three months to one year imprisonment and fines of R$ 2 000 to R$ 200 000. The STF will resume deliberations on 6 August 2026. A ruling could affect more than 2 700 pending cases nationwide and may shape the regulatory framework for online betting (the “bets”) in Brazil.

Entities

1941 Law of Contraventions (Article 50) · Davi Alcolumbre · Flávia Mallmann · Flávia Raphael Mallmann · Justice Luiz Fux · Law of Contravenções Penais (1941) · Luiz Fux · Luiz Inácio Lula da Silva · Ministry of Public Prosecutor of Rio Grande do Sul (MPRS) · Paulo Gonet · Prosecutor Flávia Raphael Mallmann · Prosecutor General Paulo Gonet

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