Bingo Savanah loses injunction authorizing activities in Fortaleza

Prohibited throughout the national territory since 2004, bingos operate in Fortaleza through injunctions. In the case of Savanah, in operation for more than two decades and with monthly millionaire revenues, it had a legal guarantee and, for eight years, worked through an injunction issued by a lower court judge. At the time, the fact that the state court made a ruling on a federally competent matter drew attention and even served as case law for other gambling appeals.

Police were forbidden to carry out any intervention, under penalty of daily fine of R$ 1,000 (US$ 250). In its defense, the company claims that the form of card bingo would not constitute a criminal contravention provided for in Article 50 of the Law on Criminal Contraventions (gambling practice), but rather lawful activity exercised through the supervision and control of the government.

Union 'asked to be in case'

In the transfer of the case to the federal court, Judge Paulo Francisco Banhos Ponte recalled that "the Federal Union, during the course of this process, expressed interest in the case and requested their participation." The judge alleged distancing with respect to the decision of the judge of a lower court that rejected the participation of the Union in 2011.

The recent ruling reinforces what Binding Precedent No. 2 of the Federal Supreme Court (STF) says, stating that it is "unconstitutional the law or state or district normative act that provides for consortium and lottery systems, including bingo and lotteries". And to reinforce the transfer to the federal court, the binding ruling No. 150 states that "it is for the federal court to decide on the existence of a legal interest that justifies the presence, in the process, of the Union, its municipalities or public companies."

The Federal Police is still awaiting the communication of the transfer of jurisdiction to the Federal Justice, in which case there will be consideration of the case.

Source: GMB / G1