ABLE sent a letter to Senator Benedito Lira, PLS rapporteur 186/2014, stating his support for the bill legalizing the games nationwide. Check the note:
YOUR EXCELLENCY, SENATOR BENEDITO LIRA
The BRAZILIAN ASSOCIATION OF STATE LOTTERIES-ABLE, registered in the Registry of Special Registries of Belo Horizonte / MG under No. 23,308, is, since 1972, the only class entity that represents the State Lotteries in Brazil and makes public the SUPPORT for the approval of Senate Bill No. 186/2014, in the text presented by Senator Benedito Lira on 10/25/2017, which contemplates, in the respective article 67, the states and the Federal District, in their rights and competences guaranteed by the 1988 Constitution.
It should be noted that the existing State Lotteries have been created in the Member States for more than forty (40) years by their respective legislation, namely: Ceará (State Law No. 53/1947); Paraíba (State Law No. 1,192 / 1955); Santa Catarina (State Law 3,812 / 1966); Rio Grande do Sul (Decree-Law No. 1,350 / 1947); Minas Gerais (Decree-Law No. 165/1939); Rio de Janeiro (State Decree 138/1975); Pernambuco (State Law n. 73/1947); Goiás (State Law 566/1951); Piauí (State Law 1825/1947); Pará (State Law 289/1956); and São Paulo (State Decree 10.120 / 1939).
Although the 1988 Constitution ensures equality and equality between states of the federation, the 1967 Law, specifically Articles 1 and 32 of DL No. 204/67, created a distinction between states that had created their lotteries until that year, and those who did not create lottery before mentioned Decreelei, or revoked it, thus excluding, currently and according to such norm of the year 1967, the same law and competencies, the Federal District and the states of Amazonas, Rio Grande do Norte , Tocantins, Mato Grosso, Mato Grosso do Sul, Amapá, Roraima, Acre, Paraná, Espírito Santo, Sergipe, Rondônia, Maranhão and Bahia.
This is a significant departure from the Principle of Federalism, inscribed as the clause of the Constitution of our Magna Carta, being one of the greatest vectors of the juridical order of our country.
In this respect, it is important to elucidate that the exploration of prognostic contests by the STATE LOTTERIES of all states and of the Federal District, is endorsed in the Federal Constitution of 1988, exhaustively in article 195, III of CF / 88. Moreover, it does not constitute a monopoly of the Union, as it is not in the relationship between Article 21, XI and XII (dealing with public services operated exclusively by the Union) and Article 177 (which deals with economic activities that are a monopoly of the Union).
Considering that only the Union has legal jurisdiction over the matter (Article 22, XX and SV 02 of the STF), the inequality between states occurs, because the legal order lacks a FEDERAL LAW that updates the rule on Lotteries , in the light of the 1988 Constitutional Charter, which provides for autonomy and independence of the states and the Federal District, disciplining the matter in compliance with the Federative Principle, in an equitable way Rua João Bernardo de Albuquerque, n ° 67, CEP 58020-565, João Pessoa-PB. between the Union and its member states, providing due efficiency and continuity in the provision of public services, derived from Lotteries.
In this way, after carefully analyzing PLS 186/2014, especially in dealing with the law and the competences of the member states, this national entity, representative of all state lotteries in Brazil since 1972, SUPPORTS THE APPROVAL of the bill, in the text of the report proposed by the Rapporteur Senator Benedito Lira, on November 25, 2017, Article 67 of which guarantees the same right and powers for all states and the federal district, without distinction.
Accodin to ABLE’s point of view, if a lottery product is a source of benefit for the Union Lottery, as long as it is legalized by federal law, it can and must be exploited by the states and the Federal District, using the same rule of regency.
Brasília-DF, December 04, 2017.
Roberto Cláudio Rocha Rabello
President - ABLE
Source: GMB
