Law No. 13,756, of December 12, 2018, defines the destination of the proceeds from the collection of the lottery modalities existing in its arts. 15 to 18. For the Federal Lottery or for numerical, specific or sports prediction lotteries, there are two lists of destination percentages: one, which defined values until December 31, 2018; and another, which should be valid as of January 1, 2019. However, the previous initial percentages continue to be distributed. This is because the §§ 1 and 2 of art. 21 of the same Law define that the change will only occur as soon as the collection resources of the Exclusive Instant Lottery (Lotex) start to be deposited in the single National Treasury account.
After two failed attempts at a Lotex concession auction, it was successful in October 2019. However, according to the Ministry of Economy, the winning consortium of the auction did not fulfill the preconditions within the deadline for signing the contract. As a result, Lotex has not yet been implemented. This situation prevents the allocation of resources from being corrected, harming some of the beneficiaries.
“Let us look, for example, at the situation of the Brazilian Committee of Paralympic Clubs (CBCP). Since the publication of Law No. 14,073, of October 14, 2020, which provides for emergency actions aimed at the sports sector to be taken during the state of public calamity recognized by Legislative Decree No. 6, of March 20, 2020; and amending Laws 9,615, of March 24, 1998, and 13,756, of December 12, 2018, CBCP is entitled to 0.07% of the collection of Numerical Predictive Lotteries, but is prevented from receiving the amounts due,” explains Viana.
These resources could be used in programs and projects for the promotion, development and maintenance of sport, training of human resources, technical preparation, maintenance and locomotion of athletes, their participation in sporting events and the cost of administrative expenses, as defined art. 23 of Law No. 13,756, of 2018.
“The changes we propose in this Bill make it possible that, regardless of the implementation of Lotex, the destination provided for in the Law is carried out as from the entry into force of the Law that this proposition becomes,” concludes the senator in his justification.
Viana asks Congress to decree:
Art. 1 The provision in item II of the caput of art. 15, in item II of the caput of art. 16, in item II of the caput of art. 17 and in item II of the caput of art. 18 of Law No. 13,756, of December 12, 2018, applies regardless of the beginning of the inflow of funds from the collection of the Exclusive Instant Lottery (Lotex) into the single account of the National Treasury.
Art. 2 The distribution of the proceeds from the collection of lottery modalities defined in arts. 15 to 18 of Law No. 13,756, of December 12, 2018, under the terms of the amendments brought by art. 1 in this Law, does not prevent the receipt of resources defined by extrajudicial agreement or by court order relating to the period between January 1, 2019 and the entry into force of this Law.
Art. 3 §§ 1 and 2 of art. 21 of Law No. 13,756, of December 12, 2018, are revoked.
Source: GMB
