Federal authorities signalled that only Congress has the constitutional authority to regulate betting advertising nationwide.
 

Key Points

Brazil’s betting regulator raised constitutional concerns over a Rio Grande do Sul law restricting gambling ads

The Federal Government argued only Congress can legislate on fixed-odds betting advertising

More than 30 betting advertising bills are currently under discussion across Brazilian states
 

Brazil’s Secretariat of Prizes and Betting (SPA) has signalled possible constitutional issues surrounding a new law in Rio Grande do Sul that expands restrictions on betting advertising at state level.

The legislation, sanctioned in April by Governor Eduardo Leite, introduced tighter limitations on gambling-related advertising within the southern Brazilian state following approval by the local legislative assembly.

The SPA stated that, under Brazil’s Constitution, only the National Congress has the authority to legislate on fixed-odds betting in order to ensure “uniformity throughout the country.” 

The regulator added that federal oversight bodies, including the Attorney General’s Office, could potentially act to challenge the measure’s constitutionality through the appropriate legal channels.

The Rio Grande do Sul government defended the legislation, stating that the law remains valid unless suspended through a judicial decision.

According to the SPA, fixed-odds betting constitutes a federal lottery modality, placing regulatory authority under the Ministry of Finance.

Despite the Federal Government’s position, several Brazilian states and municipalities have continued advancing local measures targeting betting advertising and sponsorship activity.

According to a survey by national news outlets, at least 32 legislative proposals related to betting advertising are currently under discussion across ten Brazilian states and the Federal District.

Some proposals seek to ban betting sponsorships linked to publicly funded sports teams or events, while others focus on restricting gambling advertising aimed at minors or limiting influencer promotion of betting brands.

Municipalities including Teresina and Rio Branco have already approved local restrictions on betting advertising in public spaces and events.

 

 

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