According to the secretariat, "the State of Ceará, intending to raise funds for application in activities and projects for the development of tourism, construction and conservation of equipment that make up the tourism and events structure of the State, created the State Fund for Tourism Development (Fundtur)."
This was possible with Complementary Law No. 158, of 01/14/2016, amended by Complementary Law No. 207, of 11/07/2019, which in Article 2 provides, among the resources that constitute the fund, those from lottery institutions, among other various sources. According to Setur, Fundtur has not yet received any funds from any source.
According to a response sent by the state ministry's press office, "there are companies that have expressed interest in making donations to the fund, with non-binding terms of commitment being signed." And, "so far there hasn't been any kind of transfer. There is no relationship with the jogo do bicho. Many companies have just expressed interest, including lottery institutions, and the terms are not in force," it stressed.
On November 4th, Judge Francisco das Chagas Barreto Alves, of the 2nd Public Finance Court in Ceará, ordered "that the State of Ceará, through its Tourism Secretariat (public entity that signed a contract with the Social Lottery)" to grant authorization "for Loteria Popular Ltda to exercise the right to explore lottery activities, in accordance with the rules and regulations of the others in activity."
The magistrate used the example of the agreement signed previously with the Social Lottery and ordered the State to collect, monthly, "R$15,000 to the Secretariat of Tourism (Setur)". In the court order, Chagas Barreto also rules that Setur "provide, within a period of 15 (fifteen) days, the bank details to effect the payment of the referred amount, each month due."
In the sentence, according to the judge's understanding, the State must abstain "from any measure that may impede or disturb the business operation" of Loteria Popular/Paratodos. "Adopt all the necessary measures for the faithful performance of lottery activities, providing opportunities for the collection of other fees and taxes," writes Chagas Barreto, from the 2nd Court of Public Finance.
In practice, Loteria Popular/Paratodos had been operating since March of last year by virtue of an injunction signed by the same judge.
The jogo do bicho in Fortaleza
State judge Francisco das Chagas Barreto Alves, from the 2nd Public Finance Court of Ceará, authorizes Loteria Popular/Paratodos to legally operate with the jogo do bicho in a decision of November 4, 2021.
To decide on the authorization of the jogo do bicho, judge Francisco das Chagas Barreto Alves, of the 2nd Public Finance Court of Ceará, based on Complementary Law 207 of November 14, 2019, sanctioned by Governor Camilo Santana (PT), to release the operation of Loteria Popular/Paratodos.
By law, lotteries can sign an agreement with the Ceará Tourism Secretariat (Setur) and collect R$15,000 for the Tourism Fund. So they can work.
In general terms, the Law created the Ceará Tourism Fund (Fundtur) and an amendment set the precedent for lotteries that operate with the jogo do bicho to contribute financially to Fundtur and operate with what is still considered a criminal misdemeanor. Although the Union and States maintain official lottery houses.
In the decision, according to judge Chagas Barreto, the Federal Supreme Court (STF), on November 30 of last year, "put an end to the discussion about the competence to authorize the exploitation of lottery services, showing that the Union does not hold the exclusive monopoly in the exploitation of lotteries, although it holds the private competence to legislate on the matter."
"It is concluded, since it is clear how the streams are, that the deliberation of the Federal Supreme Court established to the states the reserve of power to manage, administer and explore lotteries, which is why I maintain the jurisdiction of the State Court in a definitive manner," understood the judge Francisco Chagas Barreto Alves, of the 2nd Court of the Public Treasury of Ceará.
More than 20 companies of this type would be operating without authorization from the Judiciary and without the partnership of Setur.
Source: O Povo
