According to the proposal of Congressman Hugo Leal (PSB / RJ), Decree-Law no. 204, of 1967, will have an amendment in Article 1 and would be in force as follows:
“Art. 1 - The lottery operation, as an exceptional derogation from the norms of Criminal Law, constitutes a public service owned by the Union and will only be allowed under the terms of this Decree-Law.
§ 1. The net income obtained with the operation of the lottery service will be mandatorily destined to applications of social character and of medical assistance, enterprises of the public interest.
§ 2. In compliance with the general guidelines established in this Law and in normative acts issued by the federal agency or entity responsible for the supervision of the lottery activity in the Country, the States are allowed to operate the public lottery service. "(NR).
There will also be a revocation of article 32 of the decree that determines that only the Union has the right to operate the public lottery service. With this revocation, state lotteries now have the right to exploit the activity as well.
Check out the justification of Mr Hugo Leal for project 9237/2017:
The above proposition seeks to correct a clear violation of the Federative Pact, since Decree-Law no. 204, of February 24, 1967, which disposes 2 of lottery operations, has provisions not approved by the Political Charter of 1988. Among them, arts . 1 and 32, which state that the operation of lotteries constitutes an exclusive public service of the Union and is prohibited by the State.
Such devices have roots in Institutional Act No. 4 of December 7, 1966. At that time, with the National Congress in forced recess and the centralization of power by the then regime sought to prevent the creation of new state lotteries, as well as close those that existed at the time. This strategy, important to note, sought to limit the autonomy of the other entities of the Federation and, in this step, limit the number of tickets and series that each State could issue, including the percentage to be spent on administrative expenses, all as a tool to suppress the political capacities of States.
Such provisions, however, are anachronistic and completely outdated. They clearly hurt the federative pact and the constitutional principles of efficiency, nonintervention, and monopoly prohibition.
The closure of state-owned lotteries occurred within the centralizing spirit existing at the time of its establishment and was incompatible with the new constitutional order introduced in 1988. Hence, by removing this remnant of authoritarianism, it is intended to ensure a healthy balance between the entities of the Federation, as required by our Political Charter.
Certainly, the modification of this framework will prevent the establishment of eventual federative conflict over lotteries, as well as put the Legislation in line with the decisions of the Federal Supreme Court (STF), which has already clarified that, in the case of a federal paradigm, Member States can exploit the lotteries in the scope of their territorialities. Such an understanding was expressed, for example, by Min. Carlos Ayres Britto, at the time of the judgment of the Direct Action of Unconstitutionality No. 2,847 - DF, considered the leading case for the well-known Binding Summary No. 2 of the STF. 3
We understand that the designated Decree-Law constitutes an act that, in these points, conflicts with the terms of the Political Charter and contradicts all the technical-legal principles and common sense that should guide the matter.
For these reasons, we ask the support of our illustrious colleagues for the approval of this Bill.
Source: GMB
