By excluding event-based contracts from derivatives, regulators didn’t regulate the category. They eliminated it. (Source: The iGaming Europe)Market
April 27, 20263 min read

Prediction markets weren’t banned in Brazil. They were redefined out of existence.

André Moreira

The biggest shift in prediction markets isn´t regulatory

The conversation around prediction markets is being framed as a ban. That’s not what happened in Brazil.nWhat happened was more precise, and more consequential.

Brazil didn’t just block 27 platforms, including Kalshi and Polymarket. It changed the definition of what a financial product is allowed to be, and in doing so removed the only legal foundation these platforms were relying on to operate.

For years, prediction markets have positioned themselves as a layer of financial infrastructure. The argument was simple: if contracts are structured as derivatives, then they belong inside financial regulation, not gambling law.

Brazil challenged that assumption directly

The National Monetary Council redefined which underlying assets are valid for derivatives, explicitly excluding anything tied to events such as politics, sports, or cultural outcomes. Only traditional financial benchmarks like interest rates, exchange rates, and price indices remain admissible.

This is not a technical adjustment. It is a categorical decision.

Once event-based outcomes are removed from the definition, prediction markets lose their classification as financial instruments. And once that classification disappears, they don’t move into another regulatory bucket. They fall outside the system entirely.

At that point, enforcement becomes straightforward.

The government doesn’t need to design a framework, issue licences, or define safeguards. The product is simply declared ineligible for regulation and treated as illegal activity, which is exactly the position taken by the Finance Ministry.

This matters because it reveals a shift in how regulators are approaching digital markets.

Historically, new products would emerge first, and regulation would follow. Grey areas were tolerated, sometimes for years, while frameworks adapted.

That model is breaking

In Brazil, the sequence was reversed. The regulator first defined the boundaries, then applied them. The result is not gradual adaptation, but immediate exclusion.

This is consistent with the broader direction of the Brazilian market.

Since launching regulated online betting in 2025, the country has combined rapid market expansion with aggressive enforcement, shutting down tens of thousands of unlicensed operators and tightening control over advertising, taxation, and consumer exposure.

Prediction markets weren't evaluated in isolation. They were assessed against a system that is actively trying to limit the social and financial impact of gambling.

And in that context, they were treated not as innovation, but as extension.

That distinction is important

Because the risk for companies operating in hybrid categories is no longer just regulatory uncertainty. It is regulatory rejection at the level of definition.

If your product depends on being interpreted as something else, you are structurally exposed. Not because the model doesn’t work, but because the system may decide it should not exist within its boundaries. Brazil is unlikely to be the last market to take this approach.

Other regulators are already moving in the same direction, questioning whether event-based contracts belong in financial markets at all.

For companies building in the intersection of finance, betting, and technology, this changes the strategic question.

It is no longer about scaling faster than regulation. It is about whether the category you are building in will be recognised as legitimate in the first place.

And that is a much harder problem to solve...



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