The company Puskas Bet Administradora de Apostas Esportivas, operator of the three brands, filed a writ of mandamus alleging that its request for authorization to the Ministry of Finance was dismissed due to failure to pay the concession fee, set at R$30 million (US$ 5m) by law 14.790/23.
For the company, this charge would be disproportionate and would violate its right to operate an economic activity.
The defense also pointed out that Ordinance SPA/MF 1,475/24 establishes criteria such as absence of illegalities, national interest and collective protection, without mentioning the need for advance payment.
It also alleged that the requirement would constitute market reserve and would have negative social and economic consequences.
Insufficient evidence
When ruling, Minister Herman Benjamin highlighted the absence of fundamental documents, such as proof of request to the Ministry of Finance and the decision to archive the case.
"This lack impairs the analysis of the STJ's jurisdiction, since it is not known whether the archiving was ordered by the Minister of Finance, in addition to generating doubts regarding the statute of limitations for objection," he explained.
The Minister also refuted the allegation of illegality, stating that the value of the grant is provided for in Law 14,790/23, a rule hierarchically superior to the aforementioned Ordinance.
"Even if it were possible to overcome the lack of minimum evidence, there is no illegality, in theory, since the requirement is expressly provided for by law," he concluded.
The case will continue to be processed in the 1st section of the STJ, under the reporting of Minister Benedito Gonçalves, after the beginning of the legal year, in February.
Source: Migalhas
