In his refusal, Mendonça says that “there is no defect to be corrected” and that Loterj's appeal was filed due to “mere disagreement with the decision under appeal”. The minister also states that the decision does not impose the use of geolocation on the lottery, but that it is based on article 35-A of Law 13.756/2018 - a rule that limits the exploration of lottery activity by states within their own territories.
According to Mendonça, the prizes defended by Loterj allow people from other states and countries to participate in the lottery, if they declare themselves to be residents or located in Rio de Janeiro, violating the powers of the Union and the aforementioned legislation.
The minister also points out that there was a misunderstanding regarding the suspension of the amendment to the notice that allowed betting operators from other states to be accredited by Loterj. In the appeal, the lottery argued that the document, released in April 2023, did not contradict the legislation in force at the time.
Mendonça, however, says that, as he had already predicted in the decision, the violation of the law originates in the amendment to the notice, presented in July of the same year, and not in the original version of the document. It is not an amended notice that provides for the requirement for location monitoring.
Based on this, Loterj understands that “players/bettors accessed the platforms of accredited companies and, even if they are not physically in Rio de Janeiro, they accept (claim to agree) that their bets will be considered made in the state, since they use a platform accredited by Loterj.”
André Mendonça is the rapporteur of the original civil action (ACO) 3696, filed by the federal government against Loterj. The Attorney General's Office (AGU) argues to the Court that the lottery invades federal jurisdiction by operating lottery services throughout the national territory. On January 2, Mendonça accepted the Union's request, in a precautionary decision, and restricted Loterj's operations.
Source: GMB
