According to the approved text, the state will be able to explore, directly or indirectly, the same modalities legalized by the Federal Government. The service must be limited to the state territory, having to be observed the federal legislation pertinent to each lottery modality.
In addition, it will be allowed betting or ticket sales through physical or virtual ways. The bettor must be “of legal age and capable person”, who is within the limits of the Espírito Santo territory in the case of physical bets, or who declares residence in the state for bets made virtually. The project also prohibits the exploitation of any lottery modality not legalized by federal law.
The proposal was the subject of the Executive's Bill 601/2020, and was accepted in the form of a substitute amendment presented by deputy Euclério Sampaio (DEM), draftsman of the joint opinion of the matter in the Justice, Sports and Finance commissions. In practice, the proposal regulates the state lottery service, which has already been authorized to operate since Law 1,928 of 1964.
The text was approved by 25 state deputies and is under the sanction of Governor Renato Casagrande (PSB). The draft regulation of the service provides that the State Secretariat of Finance (Sefaz) will be responsible for executing and supervising the Loteca directly or indirectly.
Casagrande stated in the project's presentation message that "several states, including Minas Gerais, Rio de Janeiro and Ceará, have state lotteries, activities that have great relevance in generating economic resources and jobs."
As in the federal lotteries, the project predicts that Loteria Capixaba's profits, as well as unclaimed prizes within the established deadline, will be applied in areas such as sports, culture, leisure and tourism.
Controversies
The issue has been on the state government's radar since 2019, as columnist Beatriz Seixas, from A Gazeta, showed at the time. This is a controversial issue, as it is discussed whether States have the competence to legislate on gaming modalities.
Federal Decree-Law No. 204 of 1967, for example, provides that the exploitation of lotteries is an exclusive public service of the Union and cannot even be granted. Article 32 of that decree-law prohibits the creation of lotteries, authorizing only that those already existing (at the time) be maintained.
As the columnist pointed out, in 1990, 1998, 2000 and 2002, state law projects and a complementary law emerged in Espírito Santo with the aim of implementing lotteries. But the Attorney General's Office proposed, in 2003, to the Federal Supreme Court, a Direct Action of Unconstitutionality (ADI 2930) against the four laws and the Assembly went back on the matters.
The project authored by the Espírito Santo government does not enter into this legal dispute but provides that only the same lottery modalities authorized or operated by the Union will be explored, and that they must follow federal regulations.
The approved text also highlights that the lottery service of the State of Espírito Santo was created by Law No. 1,928, of January 2, 1964, therefore before the federal decree-law, and that this law is still in force, seeking the new project only "improve the installation of the lottery service in the State."
Source: GMB
