The proposition is based on the jurisprudential understanding signed by the Supreme Federal Court in the judgment of the Fundamental Precept Non-Compliance Arrangements (ADPF's) 492 and 493. When deciding on the topic, the Supreme Court consolidated the understanding that the legal nature of lottery operation in the country it is a public service and such exploration must be carried out in compliance with the principles that govern the relations between the federated entities, States and the Federal District, and the Union.
The exploitation of the State Lottery of the Government of Rio Grande do Sul may prove to be a considerable source of funds for financing public policies under the responsibility of the Executive Power of Rio Grande do Sul, particularly in this period of public health emergency caused by the Pandemic of COVID-19, the biggest health crisis of the last century, requiring a contribution of resources that go far beyond the possibilities of compromising state finances.
In Rio Grande do Sul, the state lottery (Lotergs) stopped operating during the management of Governor Germano Rigotto (MDB) in 2004, due to a lack of ideal profitability. The decision of the Supreme Federal Court may encourage the collection of the State government, which has been facing a serious financial crisis in recent years. The Attorney General of the State, Eduardo Cunha da Costa, informed that Governor Eduardo Leite will be responsible for deciding whether Lotergs will return to activities or not. Leite will consider the political environment for the adoption of the measure and the way in which the drawings are made operational.
In Deputy Duarte's Bill, the exploration of the lottery modalities of the Rio Grande do Sul Health Lottery (LOSARS) will be consummated directly by a public agency or public entity for both competent in Rio Grande do Sul or, alternatively, by a private company, constituted under the form of private legal entity, under the condition of concession, permission or accredited organization.
It can only be accredited for the exploitation of lottery modalities of the Lottery of Health of Rio Grande do Sul a legal person regularly constituted according to the Brazilian laws in force, with headquarters and administration in the Country, that, in order to obtain the accreditation, present documentation about the respective legal qualification, tax and labor regularity, and economic qualification.
The accreditation process begins with the publication of a public call notice, in a physical medium, through publication in the Official Gazette of Rio Grande do Sul, or in a virtual medium, on the website, on the Internet, of the Secretary of State, of another body of the direct administration or, still, of an indirect administration entity responsible for the tax administration of the Government of Rio Grande do Sul.
The accreditation will materialize in the form of an act or ordinance published in the Official Gazette of Rio Grande do Sul, under the responsibility, as the case may be, of the Secretary of State, of another body of direct administration or, still, of an indirect administration entity responsible for administration of the Government of Rio Grande do Sul, which is also, under the terms of this Law, responsible for receiving accreditation requests, for opening, instructing, analyzing and concluding a formal administrative process prior to the issuance and publication of the accreditation act or ordinance, for each accreditation request received.
As an alternative to the accreditation system established in this article, the Government of Rio Grande do Sul may adopt the concession or permission model, referred to in Federal Law 8,987, of February 13, 1995, for the selection of operating agent or operator agents of the Health Lottery of Rio Grande do Sul (LOSARS), with discrimination, in the bidding notice, among other peculiarities, of the conditions to be met by any interested parties, including regarding certifications regarding the adoption of practices dedicated to the promotion of responsible gambling and protection of vulnerable people and, also, regarding the certification of the health and fairness of computer programs and equipment to be used in the operation of the lottery modalities of the Lottery of Health of Rio Grande do Sul -LOSARS.
The proceeds of the total collection arising from the raising of bets or the sale of tickets, either in physical form, or in print; as in virtual or electronic media, it will be distributed as follows:
d) 65% (sixty-five percent) for the gross prize, that is, for the payment of prizes and, when applicable, payment of the Personal Income Tax (IRPF) levied on the prize; and
I — In the case of passive lottery modalities, contained in previously numbered tickets, and numerical and instant predictions:
II — In the case of the lottery modality fixed-odd bets:
a) 1% (one percent) destined to the Government of the State of Rio Grande do Sul, for priority application in health actions, observing criteria of convenience and opportunity, defined by the public administration;
b) 0.5% (zero point five percent) destined to City Halls, mandatorily destined to attend the health system of each municipality
c) 98.5% (ninety-eight point five percent) for the gross prize, that is, for the payment of prizes and, when applicable, payment of the Personal Income Tax (IRPF) levied on the awards, and also to the accredited operating agent, to cover the cost of expenses and maintenance of the services inherent to the operation of lotteries.
The percentage of 98.5% (ninety-eight-point five percent), broken down in item “b” of item II of the caput of this article, will be subject to a breakdown between the gross award and the cost of maintaining the services inherent to the exploitation of lotteries, at the discretion of the accredited operator agent for the exploitation of the lottery modality fixed-rate betting.
The prescribed prize amounts revert to the Public Finance of the State of Rio Grande do Sul for application in priority health actions; or social assistance and social security and, further, other work programs under the responsibility of the Executive Branch of Rio Grande do Sul that may be the subject of an indication of priority or preferential execution in the annual law on budget guidelines.
Source: GMB