The recent law enacted in Rio Grande do Sul with extra restrictions on betting advertising could be considered unconstitutional, according to the Secretariat of Prizes and Betting (SPA).
According to a report by Jota, the SPA stated in a note that “only the National Congress can create laws on the subject to ensure uniformity across the entire country.”
The SPA also noted that the Attorney General’s Office (AGU) and other competent bodies can “demonstrate possible unconstitutionality” of the betting advertising law in effect in RS.
Rio Grande do Sul Law x Federal Law
Disagreements between the state and federal spheres regarding betting advertising could widen.
For the SPA, since betting falls under the fixed-odds category, all regulation of it, including advertising, would be a federal responsibility.
However, the recent Law No. 16,508/2026 in RS expanded the rules for the sector, setting the size of risk warning alerts, limiting advertising broadcasts to the hours between 9 PM and 6 AM, among other restrictions.
Sponsorships and advertising imagery have also become more controlled, prohibiting mascots and well-known personalities from being directed at children and teenagers.
Betting advertising bills in other states
Although they may present constitutional divergence, other states also have bills in progress regarding betting advertising.
According to a survey conducted by Jota, there are 32 bills underway, in different states and in the Federal District.
In São Paulo, for example, there are 5 bills. Bill 801/2024 provides for a total ban on betting advertising, while Bill 503/2025 restricts it only for online casinos.
Bill 727/2025, in turn, would ban betting advertising on any public property in the state, including through concession or usage permits.
Another proposal, Bill 1901/2023, in Minas Gerais, aims to prevent influencers from promoting betting and gambling.