In anticipation of the federal government's decision to prevent sportsbooks and online games that did not request a license to operate from the Ministry of Finance, Loterj filed a writ of mandamus in the Federal Court to protect the sportsbooks authorized in Rio de Janeiro.
In consistent arguments, Loterj points out the regularity of the companies authorized by it to operate in Rio de Janeiro and that the Union's decision to block betting sites that have not submitted to the Prizes and Betting Secretariat cannot prevent betting sites licensed in Rio de Janeiro from being prevented from operating or advertising.
The lawsuit against the Prizes and Betting Secretariat requests the suspension of the effects of Ordinances 1,225 and 1,231 (advertising) and 1,475 (anticipation of blocking of sites as of October 1), of the Ministry of Finance, which restrict the rights of sports betting and online gaming houses licensed by Loterj.
In short, Loterj points out in the document:
(i) the coercive authority stifles state regulation, in violation and unreasonable affront to § 8º of art. 35-A of Law nº 13.756/2018;
(ii) It prevents the activity of operators duly authorized by Loterj, violating art. 170 of the CF/88;
(iii) it makes the law retroactive, contrary to art. 3º of Complementary Law nº 116/2003, to remove the general rule of a previous law (and of greater hierarchy) according to which, at the time of the proper legal-administrative act, “[the] service is considered to have been provided, and the tax, due, at the location of the provider's establishment or, in the absence of such establishment, at the location of the provider's domicile.”
Thus, in his ruling, federal judge Antônio Cláudio Macedo da Silva decided:
“Therefore, based on the reasons set out above (1) I GRANT THE INTERLOCUTORY MEASURE requested by Loterj in its entirety to DETERMINE, inaudita altera pars, with respect to the Claimant, the suspension of the effects of Ordinance SPA/MF No. 1,225/2024, Ordinance SPA/MF No. 1,231/2024 and Ordinance SPA/MF No. 1,475/2024, in the provisions incompatible with the Accreditation Notice No. 001/2023/Loterj (and its consequences) and/or restrictive to the broad exploration of the activity, ensuring to the autarchy and to the accredited parties the broad and unrestricted right to explore fixed-odds bets in an online and virtual environment, under the terms of its Notice and following its criteria for measuring territoriality - “express declaration and consent of the bettor, that the realization of online bets will always be considered to have been made in the territory of the State of Rio de Janeiro, for all intents and purposes, including fiscal and legal” -, without the obligation of cumulative accreditation with the Union and not being subject to restrictions on advertising or sponsorship of national sports teams, or in events with national publicity, nor to the blocking of websites and other penalizing measures, given that the regulation of the petitioner occurred before the enactment of MP No. 1,182/2023 and, therefore, attracts the incidence of § 8º of Art. 35-A of Law No. 14,790/2023.”
Source: GMB
