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
14:00 to 18:00 – Block II
November 12:
10:00 to 12:00 – Single Block
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
