JUE 28 DE MARZO DE 2024 - 07:39hs.
Historical decision

ABLE and Ceará won the right to keep operating the State Lottery in Brazil

The State Lotteries of all Brazil had a great victory this Thursday in the Superior Court of Justice (SCJ). It was judged and decided unanimously, in Special Appeal 1,674,145, in favor of the maintenance of the State Lottery of Ceará. The decision of the SCJ ensures the continuity of the activity in all its terms and products and because it is a measure of the Superior Court, it generates jurisprudence in favor of all State Lotteries of Brazil.

In defense of the state worked the State Attorney of Ceará, Dr. Rommel Barroso da Frota; the attorneys for ABLE (Brazilian Association of State Lotteries), Dr. Nathalia Pepi, Nara Ayres de Brito, Alex Leite and Roberto Brasil Fernandes; and representing the service provider, Dr. Edgar Ximenes.
For the lawyers, it was an exciting afternoon and closes with a golden key the action of lawyer Roberto Fernandes Brazil by ABLE, who from now on will no longer represent the entity as a lawyer.

The special appeal (Resp 1.674.145) addresses the possibility for states to exploit lottery activity. Part of their revenues finance social security and make up the state budget. In this case, a piece of the revenue from the State Lottery of Ceará is destined for sports, youth and the fight against drought.

According to the lawyer Natália Peppi, of Ayres Britto Advogados, who defends ABLE in the case, this modification allows the intervention of the amicus curiae already in first degree, in any type of process and not only in those of objective character or in certain procedures.

Still according to the lawyer, the discussion in this case is not about the modalities of lotteries without prediction in the federal legislation, as was the case of bingos. ABLE argues that a lottery is an atypical state activity, that is, it is not a public service or an economic activity, considered as a foment activity to finance Social Security.

In addition, according to the association, state lotteries are authorized to market games, regardless of their institution before Decree-Law 204/67, provided they are similar to the modalities operated by the Union; being thus in harmony with the federal legislation and with the Federal Constitution.

Source: GMB