CDA Gaming wins Brazil betting injunction against MP 1.394

Legal Victory for Brazilian Operator

CDA Gaming Ltda has secured a court order permitting the provisional resumption of its online betting operations in Brazil. The ruling, issued by Federal Appellate Judge Adriana Pileggi of the 3rd Panel of the Regional Federal Court of the 3rd Region (TRF-3), suspends the effects of Provisional Measure (MP) 1.394 specifically in relation to the company. This injunction allows CDA Gaming to continue operating its brands until a final judgment is rendered in the ongoing legal challenge.

The company operates three distinct brands in the Brazilian market: Betsul, Casa de Apostas, and Jogo Online. CDA Gaming originally received its licence from the Secretariat for Prizes and Betting (SPA) in February 2025. Following this, SPA/MF Ordinance 255/2025 authorised the operator to run all three brands. However, the introduction of MP 1.394 prohibited betting operations and effectively cut short authorisations that had been granted under Brazil’s regulated market framework. In response, CDA Gaming challenged the premature termination of its authorisation and the resulting ban on operating within the country.

Judge Cites Constitutional Principles

In her ruling, Judge Pileggi concluded that ending authorisations within such a short timeframe “causes harm to the authorised parties.” The decision highlighted a disregard for “constitutional principles of legal certainty, reasonableness and proportionality.” The judge specifically criticized the justification provided for MP 1.394, which cited the protection of public health, consumers, children, adolescents, and families as reasons for the ban.

“Well, if that were the case, this Provisional Measure would be a miracle – it would solve everything!” Pileggi wrote in the ruling. She further stated that “obviously, such an approach is unacceptable from a legal standpoint.” The court ordered measures to restore operational, financial, and payment services for the company, ensuring the brands could function while the legal dispute continues.

Operational Status of Affected Brands

As of 4pm Brazilian time (7pm UK) on Wednesday, 4 November, the operational status of the three brands varied. Only the Casa de Apostas website had fully come back online. Betsul’s site displayed a notice stating that operations were restored under the court decision, but the platform remained non-functional at the time of observation. Jogo Online continued to redirect users to the brasilsembets website.

The discrepancy in immediate availability reflects the technical and administrative steps required to re-establish full operational capacity following the court order. The decision marks a significant procedural step in the legal battle surrounding Brazil’s regulated betting market. While the injunction allows for provisional operations, the final judgment on the validity of MP 1.394 remains pending before the court.