Stake reopens in Brazil under partial injunction

• A São Paulo federal judge grants Stake a partial preliminary injunction until October 25.
• The judge rejects requests to suspend MP 1,394/2026 or operate until December 31, 2029.
• The measure still faces Supreme Court challenges and a congressional vote.

Stake has obtained a partial preliminary injunction that lets it resume operations in Brazil until October 25, or until a further court decision if that comes first.

Federal Judge Cristiane Farias Rodrigues dos Santos of the 9th Federal Civil Court of São Paulo issued the ruling on Thursday, October 8, according to Poder360.

Stake’s lawyers call it the first favorable decision for a fixed-odds operator in the legal fight over Provisional Measure 1,394/2026.

Half a win

The judge ordered Stake’s website unblocked and told authorities not to impose sanctions on the company for operating until the deadline. Poder360 reported that the site was live at 13:19 Brasília time on Thursday.

The injunction also suspends blocks and redirects based solely on the early termination of Stake’s authorization, according to a statement from its legal team.

Stake had asked for far more. It wanted the provisional measure suspended and permission to keep operating until December 31, 2029. The judge turned down both requests.

That 2029 date is when Stake’s five-year authorization was due to expire. The Secretariat of Prizes and Betting granted it in February 2025, and each operator paid BRL30 million for its permit.

Law firm Bichara e Motta Advogados represented Stake. The firm says its request to operate until the original expiry date still awaits a ruling on the merits.

Open, but frozen

The reprieve comes with 12 conditions, listed in the decision. Marketing is effectively frozen: Stake cannot launch new promotional campaigns or any initiative to grow its user base.

Player identification systems must keep running. Stake must refuse bets from anyone barred by law, government programs or regulatory mechanisms. Bets funded by social programs stay prohibited, as does advertising aimed at children and teenagers.

Bettors must still be able to withdraw balances, and Stake must hold enough money to pay them. The company must also preserve its records and keep filing the reports regulators require.

The court prohibits Stake from operating through unauthorized domains. It cannot use the ruling to legitimize clandestine operators or third parties misusing its brand. Its anti-fraud measures must also stay in place.

The October 25 cliff

President Luiz Inácio Lula da Silva signed the measure on September 25. The ban prohibits fixed-odds betting, including sports betting and online games, across the country. Licensed operators were required to go offline from October 6.

That day, the Ministry of Justice said only one of the 188 sites licensed until the shutdown was still running. It said it had already requested a block on that site.

Under Article 4, authorizations end on October 25, 30 days after publication. Stake’s injunction runs exactly to that date, covering the gap between the forced shutdown and the formal end of its authorization.

The same Sunday is polling day in the presidential runoff between Lula and Senator Flávio Bolsonaro.

The bigger calls sit elsewhere. The National Association of Games and Lotteries (ANJL) and the Brazilian Institute of Responsible Gambling (IBJR) have asked Supreme Court Justice Luiz Fux to suspend the measure. They want it on hold until Congress or the full court rules, as reported by Poder360.

On October 2, Fux gave the Office of the Advocate General of the Union (AGU) 72 hours to respond. Advocate General Jorge Messias has since asked him to reject the requests and keep the prohibition. Fux allegedly may be considering holding his decision until after the runoff.

Congress has 120 days from publication to approve the measure, or it loses effect. At least 40 amendments had been filed by October 2, and the amendment deadline has been extended to October 13.

Every other licensee faced the same October 6 shutdown ahead of the same termination date. They may seek similar interim relief, though each case will turn on its own facts.

For Stake, the window is short and tightly policed. Unless the merits review in São Paulo or Fux’s pending decision changes the picture, its Brazilian operation ends on October 25.