Last week, the Ministry of Finance informed the city government of the city of Bodó that only the Union, states and the Federal District can offer sports betting and online games. In a note, Finance warned the city that the concession violates Brazilian legislation on lotteries.
In response, the Bodó City Hall released a note with clarifications about the notice for accreditation of lotteries by the city.
Official note – Clarification on accreditation of lotteries
“The City Hall of Bodó hereby clarifies information regarding the accreditation of companies to operate lottery services in the city.
At first glance, it is important to point out that the creation and implementation of the Bodó Municipal Lottery – LOTSERIDÓ went through a process that followed all the principles necessary for the proper functioning of the Public Administration.
Thus, the process began with the approval of the bill in the City Council, and COMPLEMENTARY LAW No. 01/2024, OF JULY 3, 2024, was sanctioned, which was published in the Official Gazette of the Municipalities of Rio Grande do Norte (FEMURN) on July 4, 2024, finally creating the public service of the Bodó Municipal Lottery – LOTSERIDÓ, and its respective powers.
After the legislative process, the Executive Branch enacted through DECREE No. 11/2024 OF SEPTEMBER 12, 2024, published in the Official Gazette of the Municipalities of Rio Grande do Norte (FEMURN) on September 13, 2024, the regulations of the Lottery of the Municipality of Bodó – LOTSERIDÓ, making it an act capable of producing effects.
Therefore, the bidding process for accreditation in this municipality followed all the necessary steps as established by Law No. 14,133/2021, which governs the general rules for bidding and contracting in the Public Administration.
Thus, the Official Gazette of the Municipalities of Rio Grande do Norte (FEMURN) published the Electronic Accreditation Bidding Notice No. 1/2024, Administrative Process 1.966/2024, whose objective is ACCREDITATION FOR HIRING QUALIFIED LEGAL ENTITIES TO EXPLORE PASSIVE AND PREDICTION LOTTERY MODALITIES, IN VIRTUAL ENVIRONMENT, thus beginning the receipt of the necessary documentation on October 17, 2024, ending the receipt procedure on December 30, 2024.
It is important to point out that throughout the bidding process, there were no questions or objections to the notice and its annexes, and letters were sent to the Secretariat of Prizes and Betting – SPA, informing all companies and their respective brands that had been accredited up to that point.
In this context, observing the constitutionality sieve, it is inherent to infer that the possibility of creating municipal lotteries is a matter that is supported by the construction of the federative model that guarantees the non-existence of hierarchy between the Union, States and Municipalities, a model that must be preserved and supported in the face of various attempts to delegitimize it.
Thus, once protected by the Constitution, the municipal administrative authority allowed our city to initiate the process of creating and implementing lotteries, which culminated in a movement that today encompasses several cities such as: São Paulo, Belém, Porto Alegre, Cuiabá, Belo Horizonte, São José dos Campos, Campinas, Guarulhos, São Vicente, Goiânia, Gramado, Itaquaquecetuba, Agudos, Cabo Frio, Cabo de Santo Agostinho, Sorocaba, Pelotas, Aracaju, Juiz de Fora, Caxias do Sul, Anápolis, Maceió, Águas Lindas de Goiás, among other cities.
Furthermore, the City of Bodó emphasizes its mission to bring new revenues to the city, without the need to create new taxes, with the aim of providing investments that will be vital for building a better quality of life for our citizens. It is also important to highlight that for every R$1 (US$0.17) collected by the municipality, the Union will collect more than R$5 (US$0.86), making it an indispensable revenue for the Brazilian State.
We would like to emphasize that the City of Bodó has been monitoring the operations that have already been licensed, in order to prevent any practices that do not comply with the requirements contained in the current legislation, especially with regard to compliance with the criteria that permeate responsible and legal gambling.
Finally, given what has been stated, it is undeniable that the entire procedure was guided by the concern to ensure compliance with current regulations and the principles of federalism and public administration, which are essential for legal certainty and the public interest.
Bodó City Hall.”
Source: GMB
