JUE 26 DE DICIEMBRE DE 2024 - 23:32hs.
45 participants

‘Bets’ hearing at the STF to take place over two days and has been divided into four blocks

The Federal Supreme Court (STF) will hold a public hearing on November 11 and 12 to discuss the impacts of the so-called ‘Bets’ in Brazil. Given the large number of registrants, Minister Luiz Fux divided the meeting into two days, with four blocks. In addition to representatives from the Central Bank, Febraban, government entities and football clubs, the meeting will feature presentations from ANJL, IBJR and IJL, on behalf of sports betting and online gaming houses.

The public hearing was decided based on a Direct Action of Unconstitutionality (ADI) filed by the National Confederation of Commerce of Goods, Services and Tourism (CNC), which alleges that Brazilians' income is being compromised by gambling, causing a reduction in the consumption of goods and services.

In view of this, the rapporteur minister Luiz Fux proposed holding a public hearing to hear members of the Public Authorities and civil society so that they can contribute with technical and legal knowledge on issues related to betting. Among them, the minister lists mental health, economic effects, social consequences, money laundering and other crimes, taxation, advertising, transparency in the sector and the property rights of bettors.

In his order to adjust the agenda of participants, Luiz Fux explained that the email inbox opened for the ADI “received more than 100 (one hundred) requests to register to participate in the public hearing, among representatives of public and private institutions, lawyers, academics and liberal professionals.”

The minister continues:

“Despite the potential contribution that each of the applicants can offer to the debates, time and space limitations prevent the approval of all requests. The selection of participants followed the criteria of representativeness, technical specialization, expertise and diversity of opinions, with parity of points of view to be defended.”

The public hearing will be held on November 11, 2024, from 10 am to 6 pm, and on November 12, 2024, from 10 am to 12 pm, in the session room of the 1st Panel of the Federal Supreme Court. Qualified speakers may submit contributions in digital format, in the form of written memorials, until 6 pm on November 4, 2024, via email to [email protected].

All memorials will be made available electronically in the ADI records. Furthermore, during the presentation, qualified speakers may display audiovisual resources, as long as they refer to empirical elements, quantitative data, graphs, animations, videos and other related pedagogical instruments. The corresponding files must be sent to the same email address. Luiz Fux informs in his dispatch that these files will not be attached to the records.

Methodology

“The public hearings will follow a methodology that encourages debate between the various technical and legal points of view, as well as between the various institutional representations. The aim is to achieve a global, multifaceted and contextual perspective of the points under discussion, which will allow the Supreme Federal Court to opportunely address the broad spectrum of arguments that underscore the constitutional issues under debate,” says the judge.

“In this regard, the public hearings serve two purposes: first, to provide the Court with technical and scientific information on the issues under analysis; second, to allow this information to be exhaustively debated, tested and questioned by the actors participating in the hearings. The diversity of perspectives and institutional visions favors this dialectic and enriches the discussion through respectful dialogue among its participants. This methodology not only allows the best arguments to gain prominence throughout the debates, but also allows the Supreme Federal Court and society to acquire an analytical perspective of the theoretical premises that underlie each of them,” the minister defined.

“For this very reason, in an effort to maximize the usefulness of public hearings, qualified speakers are expected to act dialogically, considering and debating the arguments presented by their peers, as well as avoiding unnecessary repetition of foundations and information. Speakers are also expected to present objective, concise, consistent arguments, supported by real-world data and scientific evidence collected using rigorous methodology, avoiding merely generic, abstract speeches, or those that replicate arguments already supported by the parties in the proceedings.”

Schedule of public hearings

The two hearings will be chaired by the reporting minister and the invited authorities and qualified actors will have their presentations organized into blocks, with each participant having ten minutes to present.

The hearings were divided as follows:

November 11:

10:00 to 10:30 – Opening Panel

10:30 to 12:00 – Block I

  1. National Confederation of Commerce in Goods, Services, and Tourism (CNC): Dr. Felipe De Sa Tavares and Dr. Fabio Gomes Morand Bentes
     
  2. Solidariedade: President Paulo Pereira da Silva
     
  3. Federal Court of Accounts: President Bruno Dantas
     
  4. Attorney General’s Office: Dr. Nathália Geraldo de Santi
     
  5. Ministry of Human Rights: Minister Macaé Evaristo
     
  6. Ministry of Finance: Dr. Regis Anderson Dudena
     
  7. Ministry of Racial Equality: Dr. Ana Míria dos Santos Carvalho Carinhanha
     
  8. Ministry of Health: Minister Nísia Trindade Lima and Dr. Gabriella de Andrade Boska
     
  9. Ministry of Social Development and Combatting Hunger: Dr. André Quintão Silva, Dr. Clara Carolina de Sá, Dr. Maria Helena Gabarra Osório, and Dr. Eliane Aquino Custódio

14:00 to 18:00 – Block II

  1. Central Bank of Brazil: Dr. Rogério Antônio Lucca
     
  2. National Secretariat for Sports Betting and Economic Development, Ministry of Sports: Dr. Giovanni Rocco Neto
     
  3. Department of Asset Recovery and International Legal Cooperation, Ministry of Justice and Public Security (DRCI): Dr. Bernardo Antônio Machado Mota
     
  4. Digital Rights Secretariat, Ministry of Justice and Public Security: Dr. Lílian Manoela Monteiro Cintra de Melo
     
  5. Financial Activities Control Council (COAF): Dr. Rafael Bezerra Ximenes de Vasconcelos
     
  6. Federal Public Defender's Office (DPU): Dr. Leonardo Cardoso de Magalhães
     
  7. Brazilian Bar Association Federal Council (CFOAB): Dr. Daniel Corrêa Homem de Carvalho
     
  8. Rio de Janeiro State Lottery (LOTERJ): Dr. Hazenclever Lopes Cançado
     
  9. Paraná State Lottery (LOTTOPAR): Dr. Rafael Halila Neves and Dr. Pablo Augusto Wosniacki
     
  10. National Council for Advertising Self-Regulation (CONAR): Dr. Juliana Nakata Albuquerque
     
  11. Women of Brazil Group: Dr. Andreia Schroder
     
  12. Educafro: Frei David Santos
     
  13. Brazilian Institute of Legal Gaming (IJL): President Magno José Santos de Sousa
     
  14. National Association of Games and Lotteries (ANJL): Dr. Pietro Cardia Lorenzoni
     
  15. Brazilian Institute for Responsible Gaming (IBJR): Dr. Celso Cintra Mori
     
  16. Brazilian Psychiatric Association (ABP): Dr. Antônio Geraldo da Silva and Dr. Hermano Tavares
     
  17. International Gaming Association (AIGAMING): Dr. Waldir Eustáquio Marques Júnior and Dr. Márcio Borges Malta
     
  18. Brazilian Federation of Banks (FEBRABAN): Dr. Isaac Sidney Menezes Ferreira
     
  19. International Expert: Dr. Birgitte Sand
     
  20. International Expert: Dr. Carlos Hernández Rivera
     
  21. Instituto Alana: To be designated
     
  22. Economic Regulation Lab, Faculty of Law, Rio de Janeiro State University (UERJ Reg.): Dr. Andréa Magalhães, Dr. André Ribeiro Tosta, Dr. Carina de Castro Quirino, Dr. José Vicente Santos de Mendonça, and Dr. Rodrigo Grieco Penna
     
  23. Zumbi dos Palmares University Rector: Dr. José Vicente
     
  24. New Technologies Law and Disruptive Business Models Lab, University of São Paulo (USP NPD TechLab): Dr. Isadora Valadares Assunção and Dr. Pedro Henrique Figueiredo Soares


November 12:

10:00 to 12:00 – Single Block

  1. National Academy of Sports Law (ANDD): Dr. Terence Zveiter and Dr. Paulo Sergio Feuz
     
  2. Professor, Postgraduate Program in Law, University of Fortaleza (UNIFOR): Dr. Eduardo Rocha Dias
     
  3. Brazilian Institute for the Study of Business and Tax Law (IBEDET): Dr. Leonardo Ribeiro Pessoa
     
  4. Brazilian Institute for Consumer Defense (IDEC): Dr. Walter José Faiad de Moura
     
  5. Inter-Union Department of Statistics and Socioeconomic Studies (DIEESE): Dr. Adriana Márcia Marcolino
     
  6. Retail Development Institute (IDV): Presenter to be designated
     
  7. National Association of Retirees, Disabled People, Seniors, Pensioners, and Social Security Insureds (ANADIPS): Dr. Maria Luiza F. de Almeida Neri
     
  8. Brazilian Association of Criminal Lawyers (Abracrim): Dr. Maíra Fernandes
     
  9. Brazilian Association of Radio and Television Broadcasters (ABERT): Dr. Gustavo Binenbojm
     
  10. Fluminense Football Club: To be designated
     
  11. Botafogo S.A.F.: To be designated
     
  12. Cruzeiro Esporte Clube S.A.F.: To be designated


Available on TV Justiça and STF institutional channels

These public hearings are open to the public, and no prior registration is required for citizens wishing to attend, either in person or via TV Justiça, Rádio Justiça, or institutional YouTube channels. Broadcast signals are also available to interested networks.

Due to physical space limitations, only the designated speakers above have reserved seating for the sessions on the designated dates.

Source: GMB