The State Lottery of Minas Gerais suffered a judicial defeat last week. Federal judge Itelmar Raydan Evangelista of the 20th Civil Court of SJMG denied the request of the state’s lottery in case 1010337-19.2017.4.01.3800 to explore the lottery activity in equality with the Union (Federal government) and also revoked the injunction that allowed the entity to offer lottery services. The magistrate used Decree Law 204/67 as the basis of his sentence, in which it is defined that the Union has exclusivity in the exploration of lotteries and only those States that had lotteries before the decree could also explore the activity.
"The operation of lotteries in Brazil is an exclusive public service of the Union, and it is forbidden to create new state lotteries, as of the date of publication of said Decree-Law, remaining authorized to States to maintain lotteries instituted before the DL, in the strict limits in which they worked, ex vi of art. 32 of the DL. Thus, the request is unfounded, and the State of Minas Gerais must comply fully with that determined in PA 18101000102 / 2017-17, refraining from instituting or exploring any products of lottery mode, except for the lottery that was already allowed at the time of the edition of DL 204/67, within the strict limits in which it was marketed on that occasion," said the judge at the end of his decision.
The position of Judge Itelmar contradicts the votes of the ministers of the Federal Supreme Court after the direct actions of unconstitutionality and in ADIN 2847 of the Federal District that assures to the States the exploitation of the modalities that are established by federal law.
The thesis defended by the magistrate that state lotteries can only explore the modalities exist before the publication of the Decree Law of 1967 was rejected in other lawsuits. The most recent is from the state of Ceará, where the Superior Court of Justice reinforced the presumption of legality of the State's exploitation of the modalities of prognostic contests established by federal law.
The decision of the 20th Civil Court of Minas Gerais must be complied with by the State Lottery of Minas Gerais as soon as it is defined as a final and unappealable decision. In order for the activities not to be interrupted, the entity must request an immediate appeal and file a petition for injunction in the TRF - Federal Regional Court.
The Lottery Mineira (LEMG) belongs to the Government of the State of Minas Gerais. It has existed since 1923, with a tradition of social investment and encouragement of sports, health, education and development throughout the State.
In addition to paying many prizes, the games that are operated by Intralot Brasil, partner of LEMG, help to increase the social investment of the Lottery of the State of Minas Gerais. With an annual collection of more than 100 million reais (US$ 25m), a significant part of this amount is passed on to the Lottery. In this way, when betting, the player has the possibility to win important amounts of money and help improve the lives of millions of locals.
Intralot Brasil was incorporated in March 2010 to operate the concession contract from the International Public Lottery Competition of the State of Minas Gerais (LEMG) (001/2009) for the implementation and operation of online / real time system games in social environments closed or open in the State of Minas Gerais. Headquartered in the city of Belo Horizonte and a daring project for the entire state, Intralot Brasil has high level professionals and with the partnership of Loteria Mineira to continue implementing the most modern and attractive games in the Brazilian market.
Source: GMB
