The entry of the Direct Action of Unconstitutionality in the STF was authorized by the governor of Rio de Janeiro, Cláudio Castro, against sections of the sports betting law. The main objective is to question the limitation so that economic groups or companies have only one concession and a single state to operate.
In the action, by Governor Claudio Castro and the State Attorney General, Renan Miguel Saad, the States and the Federal District argue that, by prohibiting the same economic group or legal entity from obtaining a concession to operate lottery services in more than one State and in the Federal District, and by prohibiting public service advertising from being broadcast in the territory of an entity other than that in which the service is actually provided (paragraphs 2 and 4 of article 35-A, of Federal Law No. 13,756, of 2018), contradict several articles of the Federal Constitution.
According to the actions of the States and the Federal District, paragraphs 2 and 4 of article 35-A fail to comply with the provisions of the Constitution, including:
- the federative pact and the fundamental objective of reducing regional inequality;
- the principle of equality and the prohibition of creating differences between Brazilians or preferences between them;
- the competence of States to operate state public services;
- equal conditions for all competitors in the public bidding process, requiring only the technical and economic qualifications essential to guarantee compliance with obligations;
- the principles of free competition and consumer protection, and the possibility of delegating the service to the private sector.
The States of São Paulo, Minas Gerais, Piauí, Paraná, Acre, Mato Grosso do Sul, Rio de Janeiro and the Federal District have signed the Direct Unconstitutionality Action.
Source: GMB
