The request to suspend municipal lotteries was made within the scope of the Argument of Non-Compliance with Fundamental Precept (ADPF) 1212. The Solidariedade party argues that the creation and operation of these lotteries violate the exclusive jurisdiction of the Union.
Nunes Marques highlighted the relevance of the issue and the need for a final judgment. He chose not to grant the injunction requested by Solidariedade, stating that the issue impacts social order and legal certainty.
With Nunes Marques' decision, the abbreviated procedure was adopted. The authorities involved have a period of ten days to provide information. Then, the Attorney General's Office (AGU) and the Attorney General's Office (PGR) must comment on the case.
Solidariedade requests that the municipal laws and decrees that regulate lotteries be suspended until the Supreme Federal Court rules on the constitutionality of these rules. According to the party, municipal lotteries are an attempt to illegally increase municipal revenues.
The party claims that the proliferation of municipal lotteries allows companies in the betting market to avoid federal regulation. One example cited is Bodó (RN), where the concession to operate the activity costs only R$5,000 (US$870), in contrast to the R$30 million (US$5.25m) required nationally.
The lawsuit mentions cities such as São Vicente (SP), Guarulhos (SP), Campinas (SP), São Paulo (SP), Belo Horizonte (MG), among others, which already have or are creating municipal lotteries. The party claims that these cities open their public structures to unauthorized companies, which, through the operation of the lottery activity, obtain resources from citizens illegally.
The STF decision on municipal lotteries is still awaiting a final judgment. The issue is complex and involves various interests, from municipal revenue collection to federal regulation of the betting market.
Source: GMB
