Brazil's gambling law faces constitutional challenge over casino ban

Legal experts in Brazil argue that the 1946 Decree-Law 9.215, which prohibits casino gambling, conflicts with the current constitution. The Institute of Brazilian Lawyers (IAB) contended that the decree infringes on principles such as human dignity, private autonomy, free initiative and economic liberty, describing the ban as a form of “symbolic criminal law” lacking a specific legal basis.

The IAB report recommends a transparent regulatory model, citing recent statutes—Law 13.756/18 and Law 14.790/23—that legalize and supervise certain betting activities. Analysts warn that the coexistence of the new regulatory framework for sports and online betting with older criminal provisions could create legal contradictions, generate uncertainty for operators and investors, and prompt future legislative or judicial review.

The debate highlights the transition from a prohibition‑based regime to a licensed market, emphasizing the need for harmonisation of the legal system to ensure consumer protection and state oversight while fostering industry growth.