Minister Herman Benjamin, president of the Superior Court of Justice (STJ), rejected the injunction request from a company that wanted to be included on the list of operators authorized to operate sports betting and online games in Brazil. Consequently, the Puskas Bet, Shelbybet and Foot.Bet brands remain outside the national market.
Understand the case of Puskas Bet
Puskas Bet, sports betting administrator and representative of the three brands mentioned, filed a security order. The company argued that the Ministry of Treasury shelved its authorization request due to the lack of payment of the grant, stipulated by law 14,790/23 in the amount of R$30 million.
According to the company, the amount required for the grant is disproportionate and violates its right to participate in economic activity.
The company’s defense also highlighted that ordinance SPA/MF 1,475/24 defines criteria such as absence of involvement in illicit activities, national interest and collective protection, without mentioning the need for advance payment.
Furthermore, the company claimed that this requirement would create a market reserve, causing adverse social and economic effects.
Insufficiency of evidence
When delivering his decision, Minister Herman Benjamin highlighted the absence of essential documents, such as the proof of application to the Ministry of Treasury and the corresponding archiving decision.
The minister explained: “This lack undermines the analysis of the STJ’s competence. Because it is not known whether the archiving was determined by the Minister of Finance, in addition to raising doubts regarding the deadline for objection.”
The minister also rejected the allegation of illegality. In other words, Benjamin highlighted that the value of the grant is clearly provided for in law 14,790/23, which has a higher hierarchy than the aforementioned ordinance.
He concluded: “Even if it were possible to overcome the lack of minimum evidentiary support, there is, in theory, no illegality, as the requirement has an express legal provision.”
Finally, the case will continue to be processed in the 1st section of the STJ, under the report of Minister Benedito Gonçalves, after the start of the forensic year, in February.
Minister Herman Benjamin’s full decision can be accessed here.
