Brazil's iGaming market after Medida Provisória 1.394/2026

Status on 30 September 2026. Brazil is no longer a market where fixed-odds betting can be licensed, offered or advertised. Medida Provisória nº 1.394, of 25 September 2026, published in an extra edition of the Diário Oficial da União the same day, bans the operation, offer, intermediation and advertising of fixed-odds betting across the country. It has had the force of law since publication and is now before the National Congress.

This page used to describe Brazil as a newly regulated market and how to acquire players there. That description is out of date. What follows is a summary of the measure, its dates and the open questions, with a link to the official source for each point. It is general information, not legal advice.

What the measure provides

• The ban (art. 1). The operation, offer, intermediation and advertising of fixed-odds betting are prohibited in Brazil, in physical or online form, including when an operator based abroad offers it to a person located in Brazil. The ban covers bets on real sports events and on virtual online-game events. Other lottery types authorised by law are not affected.
• States and the Federal District (art. 2). State and district concessions and authorisations for fixed-odds betting are extinguished on the same schedule as the federal ones.
• Existing authorisations (art. 4). Authorisations granted under Law 14.790/2023 are extinguished thirty days after publication. The text states that this gives the operator no right to a refund of the grant fee and no compensation from the State.
• No new authorisations (art. 6). New authorisations are barred from the date of publication, and applications not yet decided on that date lapse.
• Sites and apps (art. 7). Ten days after publication, operators must make their betting sites and apps unavailable, app stores included, or face blocking. No new funds may enter player accounts from the date of publication. Bets still open at the ten-day mark are void and the stake is returned in full; prizes from bets settled before then must be paid.
• Refunds to players (arts. 8 and 9). Within two days of taking a site down, the operator must secure the funds owed to players and send the list to its payment institutions, which then have seven days to return the money. Missing the operator's obligations carries a daily fine of R$200,000.
• Continuing obligations (arts. 10 and 11). Extinction of the authorisation does not end regulatory, tax, anti-money-laundering, responsible-gambling and record-keeping duties for the period in which the operator was authorised. Records must be kept for at least five years.
• Payments (art. 14). Financial and payment institutions may not process transactions for fixed-odds betting, except those needed to wind down operations and refund players.
• Advertising (arts. 16 to 18). Communication, advertising, marketing and sponsorship of fixed-odds betting are prohibited in any medium. The prohibition covers all content aimed at the Brazilian public that offers, promotes, publicises or facilitates access to fixed-odds betting, whatever the format or the form of payment. Advertising material and sponsorship signage must be removed within ten days of publication. Content published before the measure that carries betting advertising only incidentally is excepted (art. 17). A breach is treated as abusive advertising under the Consumer Defence Code.
• Platforms and app stores (arts. 19 to 22). Internet application providers have a duty to prevent that content from circulating on their services and must remove it on notice. Sanctions range from a warning to a fine of up to 10% of the economic group's revenue in Brazil, capped at R$50 million per infraction.
• Blocking (art. 23). The Ministry of Finance and the Ministry of Justice may request the blocking or redirection of betting sites, through Anatel and, for .br domains, CGI.br.
• The 2023 framework (art. 29). Most of Law 14.790/2023 and Chapter V of Law 13.756/2018 are revoked. They continue to apply to facts that occurred while authorisations were in force, including the supervisory powers of the Secretaria de Prêmios e Apostas (SPA/MF).

Key dates

Under article 62 of the Federal Constitution, a provisional measure that is not converted into law within its term loses effect from the date it was issued, and that term can be extended once for an equal period if the vote has not finished in both Houses. Congress can approve the text, amend it or let it lapse.

Where it stands in Congress and at the Supreme Court

On 30 September 2026 the National Congress page for MPV 1394/2026 showed the measure awaiting the appointment of the members of its joint committee. No committee report or vote had taken place.

Two direct actions challenging the measure have been filed at the Supremo Tribunal Federal, according to the court's own note of 28 September 2026: ADI 8024, filed by Anseja, and ADI 8027, filed by ANJL. Both ask for the measure to be suspended. The note reports the filings and the requests; it does not report any decision. When we checked the court's news page on 30 September 2026, no ruling suspending the measure had been published there.

What it means for an operator authorised by the SPA/MF

An operator that holds a federal authorisation under Law 14.790/2023 is, by the text of the measure, in a transition period rather than in business as usual:

• It cannot take new deposits (art. 7 §1) and must take its sites and apps offline by the ten-day mark (art. 7).
• It must refund balances, void open bets and pay settled prizes on the schedule in arts. 7 to 9.
• Its authorisation ends at the thirty-day mark with no refund of the grant fee (art. 4).
• It keeps its reporting, tax, anti-money-laundering and record-keeping obligations for the period in which it operated (arts. 10 and 11), and the SPA/MF keeps its supervisory powers over that period (art. 5).
• Pending sanctioning proceedings are suspended, and are closed if the operator meets every transition obligation on time (art. 13).

How each of these applies to a specific company is a question for its Brazilian counsel.

What it means if you bought media or affiliate traffic in Brazil

The advertising prohibition is broad. It is not limited to operators: it reaches any content aimed at the Brazilian public that promotes or facilitates access to fixed-odds betting, "regardless of the format or the form of remuneration" (art. 16 §1). Read against that text:

• Paid media, programmatic, influencer, affiliate and sponsorship activity for fixed-odds betting targeted at Brazil falls inside the prohibition. The cautious course is to pause campaigns and acquisition aimed at Brazil and to review this with counsel before anything resumes.
• Advertising material and sponsorship signage have a ten-day removal deadline (art. 16 §2).
• Affiliate sites, tipster channels and comparison pages aimed at Brazilian users are content that "facilitates access" in the terms of art. 16 §1. Platforms hosting that content have their own duty to stop it circulating (art. 19).
• Financial and payment institutions are barred from processing betting transactions (art. 14).

This page no longer offers acquisition, affiliate or advertising services for fixed-odds betting aimed at Brazil.

What to watch

• Amendments and the joint committee. The amendment window closes on 13 October 2026 (extended from 1 October); the committee's report will show whether Congress is moving towards approval, a modified text or a transition period.
• The vote and the term. Congress lists 23 November 2026 as the end of the deliberation period. If the measure is converted into law, the ban becomes permanent legislation, possibly with changes. If it lapses or is rejected, Congress has to regulate by legislative decree the legal relations that arose while it was in force (Constitution, art. 62 §3).
• The Supreme Court. ADI 8024 and ADI 8027 ask for the measure to be suspended. A precautionary decision would change the dates above.
• Regulation. The measure leaves several points to be regulated, among them the Central Bank's rules for payment institutions (arts. 14 and 15) and the composition of the inter-agency enforcement committee (art. 24).

Background: the regime that was in place until 25 September 2026

Brazil's federal regime for fixed-odds betting was built on Law 13.756/2018 and completed by Law 14.790/2023, with the Secretaria de Prêmios e Apostas of the Ministry of Finance (SPA/MF) as the authorising and supervising body. Authorised operators ran on .bet.br domains from January 2025. Article 29 of the measure revokes most of that framework. Our glossary entry on the SPA/MF and our Portuguese-language guide to how licensing worked until 25 September 2026 are kept as historical reference.

FAQs

Is online betting legal in Brazil right now? No. Medida Provisória 1.394/2026 has prohibited the operation, offer, intermediation and advertising of fixed-odds betting since 25 September 2026, including sports betting and online games. It has the force of law while Congress examines it.

Can an operator still apply for a Brazilian betting licence? No. Article 6 of MP 1.394/2026 bars new authorisations from the date of publication, and applications that were still pending on that date lapse.

What happens to operators that already hold an authorisation? Their authorisations are extinguished thirty days after publication (art. 4). Before that, they must take their sites and apps offline ten days after publication and refund players under arts. 7 to 9. The measure states there is no refund of the grant fee.

Can betting be advertised to Brazilian audiences? No. Article 16 prohibits communication, advertising, marketing and sponsorship of fixed-odds betting in any medium, and extends to any content aimed at the Brazilian public that offers, promotes, publicises or facilitates access to it, whatever the format or form of payment.

Is the ban permanent? Not yet decided. A provisional measure is in force from publication, but Congress must vote on it. The National Congress lists 23 November 2026 as the end of the deliberation period; the Constitution allows one extension for an equal period. Two actions at the Supreme Court also ask for the measure to be suspended.

Does Basher run betting campaigns in Brazil? This page does not offer advertising, affiliate or acquisition work for fixed-odds betting aimed at Brazil. We follow the measure through Congress and update this page when its status changes.

Get in touch

If your plans included Brazil, we can talk through your exposure across the rest of LATAM and other regulated markets, such as Peru, Mexico and Spain. We do not offer betting advertising directed at Brazil.

Contact Basher — See all markets