Quando a MP 1.394 perde a validade? Counting under Constitution art. 62, Medida Provisória 1.394, published 25 September 2026, loses efficacy from about 5 March 2027 at the latest unless Congress converts it into law first: 60 days, one 60-day extension, and the 23 December to 1 February recess left out of the count. That date is this desk’s computation, not an official notice.
This desk read article 62 of the Constitution, with article 57’s session calendar, on Planalto on 18 October 2026, along with the MP’s own text and the Congresso Nacional’s tramitação page for MPV 1394/2026. The Congresso page, as it reached this desk, listed at least 33 amendments filed between 29 September and 1 October 2026. It showed no prazo dates and no vote. Treat the dates below as constitutional arithmetic, not the Mesa’s ruling.
How does the art. 62 clock count?
Five paragraphs of article 62, all inserted by Emenda Constitucional 32/2001, do the work:
- §3: an MP loses efficacy desde a edição, from the day it was issued, if not converted into law within sixty days, extendable once under §7. Congress must then regulate the resulting legal relations by decreto legislativo.
- §4: the term counts from publication and is suspended during the congressional recess. Article 57 sets the sessions at 2 February to 17 July and 1 August to 22 December.
- §6: an MP not considered within forty-five days of publication enters regime de urgência in each House in turn, and every other legislative deliberation of the House where it sits is sobrestada, held up, until the vote ends.
- §7: validity is extended once, for an equal period, if voting has not closed in both Houses within sixty days.
- §10: an MP that is rejected or lapses cannot be reissued in the same legislative session.
Quando a MP 1.394 perde a validade: the dated count
Method: day 1 is publication, 25 September 2026. Counting from the following day instead moves each date one day later.
| Day | Date | What the text says happens |
|---|---|---|
| 1 | 25 Sep 2026 | Published with força de lei; art. 6 bars new authorisations |
| 30 | 24-25 Oct 2026 | Art. 4: Lei 14.790 authorisations extinguished, no refund of the outorga, no indemnity |
| 45 | 8 Nov 2026 | §6: urgency regime, House agenda held up |
| 60 | 23 Nov 2026 | §7: one 60-day extension if both Houses have not finished voting |
| 89 | 22 Dec 2026 | Last session day under art. 57; the §4 clock stops |
| none | 23 Dec 2026 to 1 Feb 2027 | Recess, not counted |
| 90 | 2 Feb 2027 | Clock restarts |
| 120 | 4 Mar 2027 | Last day of the extended term |
| after | 5 Mar 2027 | Loses efficacy from issue if not converted (§3) |
Days 45 and 60 both fall before the recess, so neither depends on how it is treated.
What happens if the MP is not voted?
There are four ways out. If Congress converts it as issued, the art. 1 ban on exploring, offering, intermediating and advertising fixed-odds betting becomes ordinary law. If Congress converts it with amendments, the converted law governs; this desk did not read the amendments. If it is rejected, or the clock runs out, §3 strips its efficacy back to the day of issue, and §10 bars a reissue in that session, which for a lapse on this count would be the 2027 session.
The catch is §11. If Congress does not issue the decreto legislativo within sixty days of the rejection or lapse, “as relações jurídicas constituídas e decorrentes de atos praticados durante sua vigência” stay governed by the MP.
As bets voltam se a MP caducar?
g1 reported on 29 September that betting would be liberadas if the MP lapses in March. Weighed against the text, that is incomplete rather than plainly wrong. A lapse would end the ban from then on. But art. 4 extinguishes the authorisations around 24-25 October, while the MP is in force, and art. 6 has blocked new ones since publication. Under §11, absent a decreto legislativo, those extinctions are relations formed during the MP’s vigência. The same logic covers the MP’s stake restitution, set out in our refund-deadline explainer. Whether a lapse would let operators apply again under Lei 14.790 is not settled by the text read. This desk is reporting the rules, not predicting the vote.
FAQ
Quando a MP 1.394 perde a validade?
On this desk’s count of Constitution art. 62, from about 5 March 2027 if Congress has not converted it into law. The term is 60 days plus one 60-day extension, counted from publication on 25 September 2026, with the 23 December to 1 February recess not counted. No official prazo date appeared on the Congresso page this desk read.
O que acontece se a MP das bets não for votada?
From day 45, about 8 November 2026, it enters regime de urgência in each House in turn and holds up that House’s other deliberations under §6. If it is never voted, it loses efficacy from issue. Congress then has 60 days to regulate the fallout by decreto legislativo; without one, §11 keeps relations formed while it was in force governed by it.
A MP das bets já está em vigor?
Yes. A medida provisória has force of law from publication, and MP 1.394’s preamble says it is adopted com força de lei. Its art. 1 ban on exploring, offering, intermediating and advertising fixed-odds betting applies now, and art. 6 has barred new authorisations since 25 September 2026. Conversion by Congress is what would make it permanent.
As bets voltam se a MP caducar?
Not automatically, on the text read. A lapse ends the MP, but art. 4 extinguishes the Lei 14.790 authorisations at the end of 30 days from publication, while it is still in force, and §11 keeps such relations governed by it unless Congress issues a decreto legislativo within 60 days. What would replace the extinct licences is for Congress or the courts.
Until Congress acts, the MP is the rule on the page. Money still sitting with an operator is a restitution question, covered in our guide to recovering lost stakes. If the habit outlasts the ban, the self-exclusion routes are the jogo responsável tool to use first. 18+.