The decision of the STJ reinforces the release for the Maranhão Lottery to immediately start operating in the state. A pioneer in this new generation of the sector, Maranhão is the first to effectively benefit from the Federal Supreme Court's decision not to maintain the monopoly of lottery operations in the hands of the Union.
In the coming weeks, LOTEMA will start operating with the legal security necessary for concessionaires and the State itself, becoming the first public entity to explore the full range of lottery modalities defined by Federal Law 13.756 of 2018, including the long-awaited fixed odds sports betting modality, which even after more than 4 years of its legalization, has not yet been regulated in Brazil.
For more than a year, the State's ability to collect funds was obstructed by administrative and judicial measures at the State Court of Auditors and Court of Justice, respectively, as well as at the Superior Court in Brasília.
Such restrictions came from inquiries made by companies in the market that did not agree with the modeling, such as the concession format chosen by LOTEMA, or even by companies that had interests contrary to this regulated exploration, making this public service could not advance with the necessary agility.
According to the decision of the STF on September 30, 2020 regarding ADPFs 492, 493 and ADI 3050, it was understood that, based on the permitted federal modalities, it is totally discretionary for the States of the Federation and the DF to evaluate and choose the modeling that better adapt to the reality of each State, which can often displease some small groups and cause this whole process to be delayed for some time. However, in an exemplary manner, the Superior Court correctly understood that there is no reason to delay this process even further.
Jhonatas Mendes, director of LOTEMA commented shortly after the STJ decision: “This was not only a decision that will benefit the State of Maranhão, but it will serve as an example to all other States, becoming a milestone in the history of lotteries in Brazil, opening the doors to a lot of investment by the private sector in the country, generating jobs and mainly collaborating with the social sector in all the States of the country.”
The director of LOTEMA concludes by saying: “There is not a single State in the country that does not even have some social fragility or that does not need this new non-tax resource. I have no doubt that, after the victory of this legal battle, most States will feel fully encouraged to do the same, still in the year 2023.”
Source: GMB
