In their request for challenge, the lawyers Daniella Soares de Miranda and Wander Luiz da Rocha França stated that the process contains flaws and irregularities that vitiate the edict pointing out the following problems:
a) the conflict between Auction Notice No. 1/2018-PPI / PND and Law No. 8,987 / 1995, regarding the determination of possible alternative, complementary or ancillary revenue sources;
b) the conflict between Auction Notice No. 1/2018-PPI / PND and Law No. 8,987 / 1995, regarding the definition of concession targets;
c) the incompatibility between the period established in clause 9.2.6 of the Draft Agreement and the provisions of Law 12,527 / 2011;
d) the conflict between Auction Notice No. 1/2018-PPI / PND and Law No. 8,987 / 1995, regarding the description of the technical requirements for the exploitation of the instantaneous lottery in the virtual environment.
However, the BNDES Granting Committee considered that the points raised were not valid because they had already been clarified by itself on other occasions and decided to reject the request to contest the LOTEX notice.
Attorney Daniella Soares de Miranda, one of the authors of the appeal, specializes in Entertainment Law - Betting and has held the position of Public Prosecutor for the Lottery of the State of Minas Gerais from 2006 to 2014, where she has accumulated vast experience in the area of Gaming, Administrative and Constitutional Law both in contentious and advisory matters. Autonomous lawyer since 2014 works in the same area, providing services to several national and international companies as well as to several Brazilian state lotteries.
The bidding process of LOTEX goes ahead and receives proposals from interested companies today and the auction for the instant lottery concession is scheduled for July 4, at B3 headquarters in São Paulo.
Source: GMB
