Thorough proof or shot of mercy to ruin the support of those who mistakenly argue that the exclusive competence of the Union to legislate on draws and consortiums, established in art. 22-XX of CF / 88, admits the legal existence of a monopoly or privilege of the Union for the exclusive exploitation of draws and lotteries.
Support that is not only due to the resistance and opposition of the State Lotteries, which defend the non-reception of arts. 1 and 32 of Decree-Law 204/67, since the indubitable exception situation of the time, as submitted to the STF, was no longer maintained after more than 50 years, in ADPFs 455-PI, 492-RJ and 493-ABLE , the latter with a request from Amicus Curiae of the National College of Attorneys General, signed by 15 states and the Federal District, in which it is defended obedience to arts. 1 and 60, §4-I, 25, §1, 195-III, 177 and, essentially, with respect to the Federative Pact established by the Federal Constitution.
It is clear the progress of legislation that already allows to the Civil Society Organizations distribute or promise to distribute of prizes, through draws, gift certificates, contests or similar operations, regardless of certification, under the terms of the new Civil Society Legal Framework - art. 84-B-III, of Law 13,019 / 14, as amended by Law 13204/15.
Notification number 569 of Susep will enter into force in 120 days from its publication, to adjust the devices to market practice, with emphasis on the following: Primitive Philanthropy, as well as the forecast of instant awards, typical lottery mode, which is now incorporated also to be used in capitalization bonds.
The use of capitalization bonds to raise funds by philanthropic entities is already a practice used by several reference institutions in the country, such as the National Federation of Apes, Brazilian Red Cross, Barretos Cancer Hospital, among others, with no alternative to SUSEP, except to recognize the importance of the use of capitalization bonds as an effective tool for raising funds for social activities, by creating a specific modality for this purpose, known as PHILANTHROPY AWARD, considering the need for greater legal certainty in the implementation of this field of the Legal Framework of Civil Society Organizations.
It is not possible to disregard information conveyed that "operations linked to philanthropy represented a bond issue of about R $ 1.2 billion in the last fiscal year, with net gains of about R $ 140 million for philanthropic entities, distributing around R $ 300 millions in prizes, collecting about R $ 150 million in taxes and moving an economic chain that involves several media channels - TVs, newspapers - and thousands of points of sale throughout most of the country,” and much less the experience accumulated by state lotteries and fidelity to the secular public institution, whose results are applied in projects and programs of social interest, as a tool for decentralization and support of the respective public policies of the member states.
Without any doubt, no one will be able to say that it was not previously alerted as to the restricted nature of the so-called Exclusive Instant Lottery - LOTEX, created in good time to be developed and exploited at the federal level, in equal conditions and competition in search by the preference of bettors at the state and local level, concomitant to the draws promoted on the basis of the new Legal Framework for Capitalization Securities and Civil Society Organizations, especially as the National Congress debates all kinds of "gambling" in the new Legal Framework of Gaming in Brazil and that awaits the final word of the STF.
Paulo Horn, Brazilian, lawyer, State Lottery Vice-President of Rio de Janeiro - LOTERJ, Master in Law of the City by the State University of Rio de Janeiro - UERJ. Graduated in Legal and Social Sciences from the Faculty of Law of the Federal University of Rio de Janeiro - FND / UFRJ. Specialist in Consumer Law and Constitutional, Administrative and Tax Law. Member of the Constitutional Law Commissions of the OAB / RJ and of the Brazilian National Institute of Lawyers - IAB, integrating the Special Commission for Examination of Law Projects aiming at the regulation of games and entertainment in Brazil.
