The company Megapix Comunicação e Tecnologia Ltda., headquartered in Caruaru, Pernambuco, was not included in the list of ‘Bets’ authorized to operate in Brazil by the Prizes and Betting Secretariat of the Ministry of Finance. With this, the platform filed a request for an injunction to extend the deadline for regularization until the end of the year.
In the request for a preliminary injunction, attorneys Ariane Sabrina Batista and Marcos Bispo Alves allege a violation of the principle of legal certainty in the act that brought forward the deadline for regularizing the ‘Bets’. In early October, the Treasury released a list of companies that requested authorization from the Ministry and that could continue operating.
“It is well-known in case law that the Administration cannot exceed its regulatory power by imposing sanctions, creating or reducing deadlines or other requirements that violate the principle of legal reserve,” wrote the federal judge in the preliminary injunction.
In citing the timeline of the ordinances published by the Treasury, Catta Preta Neto mentions that, in May, the deadline of December 31 was established for regularizing the ‘Bets’.
“A subsequent rule, during this deadline, that changes it, violates the principle of legal certainty. The Administration cannot change its acts at its own discretion, without protecting the rights already established in favor of individuals,” stated the judge.
“Companies that were already in operation began a process of adapting to the legislation with the expectation of a deadline that would end – and does end – on December 31, 2024. This is the deadline that applies to the plaintiff,” said Catta Preta Neto.
“In this case, I grant the request for a preliminary injunction to determine that the plaintiff be authorized to operate until December 31, 2024, under the terms of Ordinance SPA/MF No. 827 of May 2024,” ruled Catta Preta Neto.
Source: GMB
