According to the rapporteur, the proposal validates permissions or accreditations granted to lottery outlets in contracts for an indefinite period, without bidding and signed before the 1988 Constitution. Today there are 6,310 lottery shops in operation with contracts of this type.
The project includes an article in the Temporary Constitutional Provisions Act (ADCT), guaranteeing additional validity to these contracts, without, however, specifying the term. In the Chamber's analysis, the 50-year forecast was withdrawn.
"Juridical insecurity"
In his opinion, Ciro Nogueira explains that Law 8,987, of 1995 — which deals with the concession and permission regime for the provision of public services provided for in the Federal Constitution —, determined the extinction of lottery grants made without bidding.
But Law 13,177, of 2015, granted validity of 20 years, starting in 2013, to lottery service contracts granted for an indefinite period. This law, however, is being questioned in the Federal Supreme Court (STF), through a direct action of unconstitutionality.
The rapporteur argues that the permissions and accreditations granted before the 1988 Constitution and the entry into force of the 1995 law are a perfect legal act and cannot be undone by a subsequent law.
"Legal security is an ironclad clause engraved in the Federal Constitution: the law will not harm the acquired right, the perfect legal act and the res judicata," stated Ciro Nogueira.
The question of the validity of lottery services is the subject of deep controversy and legal uncertainty, according to the rapporteur: "It is therefore necessary to approve a norm with constitutionality status to remedy this situation of uncertainty."
“This PEC makes it possible to bring legal security to 75,000 permit holders in the country,” said Ciro Nogueira during the meeting.
Source: Senate Agency
