JUE 28 DE MARZO DE 2024 - 16:34hs.
Next Monday, at Allianz Parque São Paulo

Roberto Brasil Fernandes launches his new book on “Lottery Law in Brazil”

Next Monday (December 9th), during the first day of OGS 2019, renowned lawyer Roberto Brasil Fernandes will present his new book “LOTTERY LAW IN BRAZIL”. The expert argues that Lottery is not a game; whereas the exploration of forecasting contests is not a Union (legal person of Public Right representing the Federal Government) monopoly and that revenue from lotteries is a source of social security funding. In this special column for GMB, the author anticipates in exclusive details of his new work.

Since my first performance as a lawyer in the defense of entrepreneurs who exploited some form of lottery in the national territory, I am bothered by the divergence in the interpretation of the legislation, in terms and concepts that make reference to the law of lotteries in Brazil.
 
I remember 2003. I defended, together with lawyers Pericles Prade and Darci Catani Junior, at the Santa Catarina Court of Justice, the right of the state to explore lottery modalities. We succeed, and that Direct Action of Unconstitutionality - ADI, was filed.

My perception since that judgment was the lack of legal support from the states themselves and the lack of representation of the business sector to defend the Lottery as an instrument of income and social development.

In 2006, we worked weakly in defense of the Paraiba Lottery (ADI 3277) - representing ABLE, in the course of ADI in the light of that state's law, acting in the Federal Supreme Court. In that judgment, we ensured the express maintenance of the pre-constitutional Law, which today supports that Lottery and its products exploited by businessmen, benefiting the people of Paraiba.

Accompanied by attorney João Carlos Dalmagro Junior, we sued for the nullity of Sumula Vinculante 2 (year 2007) and presented ADPF 493 (year 2017), which is currently in the STF - adopted by 18 federal states as interested in the same cause. ADPF 493 / STF is a dedicated legal piece that I invite interested parties to access and read on the website of the Constitutional Court.

In the new book now published, I argue that 1) Lottery is not a game; 2) the exploration of forecasting contests is not a Union monopoly and 3) the revenue from lotteries is a source of social security funding.

I also defend the fundamental importance of the central public body, currently called SECAP / ME, to manage the national lottery system, standardize, control and supervise the boundaries of states among themselves, their products and defend the Brazilian territory from exploitation without authorization.

It seems to me that Brazil's territorial dimension and cultural differences allow for differentiated products in each state. From the most traditional and honest to the novelties that modern technology presents, it is essential that the public manager regulates quickly and efficiently, being able to receive each new modality, with the legal precautions that ensure revenue for social investments, protection to the gambler, the businessman and the State.

In this regard, the work “Lotteries Law in Brazil” is intended as a legal contribution to stimulate debate in the academic environment and in the core of civil society.



ROBERTO BRASIL FERNANDES
Special for Games Magazine Brasil