MIÉ 27 DE NOVIEMBRE DE 2024 - 22:23hs.
To avoid harm to the government and interested parties

Court of Justice suspends ECA injunction that prevented accreditation of Maranhao Lottery

Judge Antônio Bayma, from the Maranhao Court of Justice, granted an injunction to Maranhão Parcerias (MAPA) and revoked the decision of the State Court of Auditors that had suspended the accreditation notice to select firms that will operate the Lotema. The magistrate said the suspension of accreditation could even lead to the withdrawal of interested parties in the event and damage to public coffers with the return of amounts paid by way of grant by interested parties qualified in the process.

In the injunction that suspended the effects of the Court of Auditors' decision, the judge determines that in the "scope of Representation No. of the Concession Process of the Public Lottery Service of the State of Maranhao under the terms of Accreditation Notice no. 01/2021-MAPA, until the judgment on the merits of this mandamus."

Thus, Maranhão Parcerias will be able to continue with the Lotema implementation process through the consortia and company qualified in the accreditation notice: BRLotto Consortium (NGT Brasil, Skilrock Technologies Brasil and Everymatrix Brasil Tecnologia), Lotema Consortium (Culloden Participações and VS NV) Consortium World Lottery (Prohards Commerce, Development and Services in Information Technology and JOTA EFE Entertainment) and SDL Lottery Distribution System.

The suspension had been determined by TCE counselor Edmar Cutrim, at the request of Intralot do Brasil. According to the company, the public notice would have violated the precepts of the legislation applicable to concessions, “notably in relation to the content and profile of the bid object, in the case of public service, it would not involve being delegated through the use of the auxiliary procedure for the accreditation bidding.”

The company also claims that the defects in the public notice also stem from the grant charged to those accredited, which was accepted by the TCE counselor.

"As can be seen from the Representative's allegations, as well as from the documents attached to the exordial, it seems to me that there was a possible restriction on participation in the event, due to the apparently disproportionate requirements contained in the public notice, characterizing the alleged right as plausible," highlighted Cutrim in his order, which is now out of date.

Source: GMB