ANJL note on the decision of the Federal Regional Court of the First Region
The National Association of Games and Lotteries (ANJL) publicly states that the injunction granted confirms the error in Loterj's procedure, as it prevents the blocking of websites, considering that there was no contradiction in the action. Therefore, ANJL understands that all operators must be notified in the interlocutory appeal by Loterj before any order to take the sites offline, thus enabling their broad defense and contradictory.
Another important point is that the injunction determines that Anatel verify the operational legitimacy of the companies listed in Loterj's action under current legislation. For ANJL it is clear that Anatel has a duty to respect art. 9th of law 14,790/23 and art. 24 of Ordinance 827/24, which granted a deadline of 12/31/2024 for all companies to obtain their respective licenses without any punishment in Brazil.
Anatel must also respect art. 2nd of law 9,784/99 and its internal regulations, which guarantee operators broad defense and contradictory proceedings before any order to remove websites from the air.
Therefore, ANJL understands that the mistaken interpretation given by Loterj to the decision is nothing more than a new frustrated attempt to force operators to obtain the state license before the deadline for obtaining the Federal License has been completed.
ANJL – National Association of Games and Lotteries
