Brazil betting advertising ban: what MP 1.394 means for creators

What MP 1.394/2026 does

President Lula signed Medida Provisória 1.394 on 25 September 2026, and it took effect on publication that day. It has the force of law now, but Congress must approve it for it to stay in force. The full text is on the Planalto website, and the Senate has published a summary of the measure.

Five articles do most of the work for brands and creators:

• Article 1 prohibits "the operation, offer, intermediation and advertising" of fixed-odds betting in Brazil, physical or online. It covers bets on real sports events and online games, and reaches operators based abroad that offer bets to people in Brazil. Other lotteries authorised by law are not affected.
• Article 4 extinguishes the authorisations granted under Law 14.790/2023 thirty days after publication, on public interest grounds, with no refund of the licence fee and no compensation. Article 2 extends the ban to state and Federal District authorisations.
• Article 16 bans communication, advertising, propaganda, marketing and sponsorship of fixed-odds betting in any physical or digital medium. Its first paragraph covers any content aimed at the Brazilian public that offers, promotes, discloses or facilitates access to betting, "regardless of format or form of payment". Existing material had to be removed within ten days.
• Article 17 exempts content published before 25 September 2026 where the betting advertising is only incidental to it.
• Article 18 treats a breach of the advertising rules as abusive advertising under article 37 of the Consumer Defence Code (CDC). Sanctions include counter-advertising, and the authority can suspend content as a precaution.

The rest of the measure closes the routes around it. Article 14 bars banks and payment institutions, instant payments included, from processing betting transactions except to wind down and refund players. Articles 19 to 21 give internet platforms a duty of care over betting content "even when generated by third parties" and require app stores to remove betting apps.

The Ministry of Justice can fine a platform up to 10% of its group's revenue in Brazil, capped at R$50 million per infraction. The Ministries of Finance and Justice can also ask for betting sites to be blocked.

Timeline: from publication to the end of authorisations

Most deadlines have passed. Dates come from the MP text and trade press reporting on the shutdown.

Obligations do not end with the authorisation. The Senate summary notes that the Secretariat of Prizes and Bets (SPA/MF) keeps its supervisory powers over what operators did while they were licensed.

What the ban means for creators, streamers and affiliates

The MP never uses the words influencer or affiliate. Article 16 targets the content itself and covers betting content aimed at the Brazilian public whatever its format and however the creator is paid.

A sponsored stream, a referral code, an affiliate link or a link-in-bio page that sends Brazilian viewers to a betting site is the kind of content it describes. Four consequences follow.

• Live promotion is past its deadline. The ten-day removal window closed on 5 October 2026. Codes, links and overlays still visible to Brazilian audiences are late.
• The old content exemption is narrow. Article 17 covers content published before 25 September 2026 only where the betting advertising is incidental. The MP does not define incidental, and content built around a promotion, such as a sponsored segment or a review with a code, is hard to describe that way.
• Sponsorship is covered. Article 16 names sponsorship alongside advertising, and sponsorship signs in physical and digital media fell under the same ten-day rule.
• Offshore brands are not a way around it. Article 1 reaches operators abroad that offer bets to people in Brazil, and payments to them are barred. Moving a Brazilian audience to an unlicensed brand does not take it outside the MP.

Content can also disappear without any action against the creator. Platforms carry their own duty of care and must remove betting content after an official notice. Consumer protection bodies enforce the abusive advertising rule.

For streamers whose audience is mostly in Brazil, that leaves no betting sponsorship to run while the MP stands.

What was in force before the ban

Law 13.756/2018 created fixed-odds betting, and Law 14.790/2023, signed on 29 December 2023, limited it to companies authorised by the Ministry of Finance. The federal regulated market opened on 1 January 2025. By August 2026 the ministry reported 85 authorised companies, according to Congresso em Foco.

Advertising ran under Portaria SPA/MF 1.231/2024. It banned ads that suggested easy winnings or linked betting to success, presented betting as income, investment or a fix for money problems, or featured anyone who is or looks under 18. It required an 18+ warning and a warning about addiction risk, and made operators jointly liable for their affiliates' advertising. The SPA amended it several times in 2025 and 2026.

Self-regulation sat on top. CONAR approved an update to Annex X, its betting annex, on 27 August 2026. It added due diligence for influencers and affiliates, record keeping for advertisers, an accreditation programme that influencers are encouraged to join and a checklist for protecting minors. It took effect on 27 September 2026, two days after the MP banned the advertising it governs.

While the MP stands, its ban applies whatever these rules allowed. They matter again only if Congress or the Supreme Court restores a regulated market, and several amendments now in Congress would change them if that happens. Our gambling influencer compliance guide covers how we check the rules in markets that remain open.

What is pending: status on 20 October 2026

This reflects reporting up to 20 October 2026, and every item can change quickly.

Supreme Court (STF)

The National Association of Games and Lotteries (ANJL) and the Brazilian Institute for Responsible Gaming (IBJR) asked the STF on 28 September to suspend the MP. The broadcasters' association Abert and several football clubs followed.

Justice Luiz Fux is the rapporteur. On 2 October he gave the government 72 hours to clarify the measure, and the Attorney General's Office (AGU) argued on 6 October that the measure should stay. iGaming Brazil reported that he was expected to rule only after the 25 October presidential runoff, and that a ruling by him alone would be interim, pending the full court.

Federal courts

A federal court in São Paulo had granted Stake's Brazilian company an injunction to keep operating until 25 October. Exame reported on 9 October that the president of the Federal Regional Court of the 3rd Region (TRF3) suspended it at the AGU's request, citing the risk of regulatory imbalance, and that the ban is back in effect for the company.

Congress

A joint committee was named on 30 September but, by 19 October, had no chair, rapporteur or installation date. Lawmakers filed 97 amendments by the 13 October deadline and withdrew five, leaving 92.

Proposals include replacing the ban with stricter regulation and restoring cancelled licences, keeping sports betting while banning casino-style games, and letting existing sports sponsorships run for up to 24 months. The parliamentary recess pauses the MP's clock, so a final vote could slip into early 2027.

Checklist for brands and creators with Brazilian audiences

Use this as an operational list, not legal advice. Agree each step with Brazilian counsel.

1. Inventory everything that still reaches Brazil. Posts, VODs, short clips, pinned comments, bios, link-in-bio pages, overlays, panels, chat commands, descriptions and Telegram or Discord messages.
2. Remove live betting promotion aimed at Brazil. Start with anything carrying a code, link or offer.
3. Switch off codes and tracked links. Ask the operator or affiliate network to deactivate referral codes and stop redirects for Brazilian traffic, and get the confirmation in writing.
4. Do not redirect to offshore or unlicensed sites. The MP reaches operators abroad that serve people in Brazil, and payments to them are barred.
5. Review contracts. Sponsorship, affiliate and streamer deals tied to Brazilian audiences need a decision on deliverables, exclusivity and payments. Have your lawyer read the termination and change of law clauses.
6. Check geo settings and audience location. Where a platform, ad tool or operator lets you exclude Brazil, do it. Portuguese-language content made for other markets still reaches Brazilian viewers.
7. Brief every creator in writing. Say what to remove, by when, and that no new betting content aimed at Brazil should be made while the MP stands.
8. Keep records. URLs, screenshots before and after, removal dates and messages with creators and partners, filed per creator.
9. Watch three dates. 25 October, when authorisations end; the STF ruling expected after the runoff; and 23 November, when the MP's initial term ends.

Our creator campaign takedown plan shows how to log removals per creator, and the streamer sponsorship contract template covers the terms to review in a streamer deal.

What 3betmedia does now

We are not booking betting campaigns aimed at Brazil while MP 1.394/2026 is in force, and we will not move Brazilian audiences to offshore or unlicensed brands. We will update this page when the STF rules or Congress votes on the measure.

Our work elsewhere continues: iGaming influencer marketing for operators licensed in the markets a campaign targets, casino streamer marketing on the same basis, and crypto KOL campaigns for exchanges and apps.