In the ruling, Judge Chagas Barreto determines that “the State of Ceará, through its Secretary of Tourism (public entity that signed a contract with the Social Lottery) grants authorization for Loteria Popular Ltda to exercise the right to explore lottery activities, in molds and regulations of the others in activity.”
As was previously signed with the Social Lottery, according to judge Chagas Barreto, the State must collect, monthly, “R$ 15 thousand reais to the Tourism Secretariat (Setur).” In the court order, the magistrate also determines that Setur “provides, within a period of 15 (fifteen) days, the bank details for the payment of the referred amount, each month due.”
According to the judge's understanding, the State must abstain “from any measure that may hinder or disturb the business operation” of the most popular point of sale of the jogo do bicho game in Ceará: 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 was authorized to operate since March of last year by virtue of an injunction signed by the same judge. Now, Chagas Barreto has judged the merits of the matter.
The state magistrate also relied on Complementary Law 207 of November 14, 2019, sanctioned by Governor Camilo Santana (PT), to release the Paratodos/Loteria Popular operation.
In practice, Loteria Popular/Paratodos was authorized to operate since March of last year by virtue of an injunction signed by the same judge. Now, Chagas Barreto has judged the merits of the matter.
The state magistrate also relied on Complementary Law 207 of November 14, 2019, sanctioned by Governor Camilo Santana (PT), to release the Paratodos/Loteria Popular operation.
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 betting and lotteries.
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 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.
Source: O Povo
