For the Attorney General of Justice, Paulo Sérgio de Oliveira e Costa, the prohibition makes the practice expressly permitted by the federal government impossible.
He also argued that the ban violates the principle of separation of powers between the states and the federal government, since only the Union has the right to create laws on consortiums and raffles.
In July, Judge Damião Cogan had already granted an injunction to prevent any punishment to the Jockey Club for maintaining its activities until the judgment on the merits of the lawsuit, which is still pending in court.
At the time, Cogan considered that the decision would have unpredictable consequences for the club and could even lead to its closure. He also highlighted the reasoning of attorney José Mauro Marques, representing the Jockey Club, that the legislation regulating the activity is federal and could not be subject to a municipal ban.
Municipal law 18,147, of June 28, gives a period of 180 days – from the date of its publication – for establishments to cease activities with animals that involve betting. The text, authored by councilman Xexéu Tripoli (União Brasil), was approved by the City Council on June 26 and signed into law by the mayor of São Paulo, Ricardo Nunes (MDB), two days later.
The approval of the project is yet another chapter in the dispute over ownership of the land.
Since the last decade, the municipal administration has been trying to collect IPTU (Urban Property and Land Tax) and ISS (Service Tax) debts from the club, which disputes the amounts charged. An agreement in 2014 had already guaranteed the Chácara Jockey to the city government, another piece of land that belonged to the club in Butantã, as payment for old debts.
Furthermore, part of the land is a concession for a specific purpose. The end of horse racing would force the Jockey to return this area to the municipality in the event of the activity being terminated.
Source: Folha
