The project foresees that the proceeds of the collection will be used according to the Executive Power Decree, with percentages to be allocated to the state social security, observing, in each lottery mode explored, at least, the percentage allocated by the Union for the same purpose; the financing of actions and projects and the allocation of funding resources in the area of education; the payment of prizes; the payment of income tax on the prize and the coverage of operating expenses and maintenance of the operating agent of the state lottery.
The approved matter followed the sanction of Governor Flávio Dino (PCdoB). It also determines that the values of the prizes that have not been claimed by the bettors, within the period of prescription provided for in the regulation, will be reverted to the Maranhense Fund to Combat Poverty.
Historic
The Maranhão State Lottery was established for the first time in 1956, through Law 1.445. Since that period, the lottery services provided by the State Executive Branch have been marked by suspensions and reinstatements.
Through Law 2,327, of November 17, 1963, the State Lottery of Maranhão had its activities reestablished. Years later, by Law 4,681, of November 12, 1985, state lottery services were again suspended.
A new reestablishment occurred in 1990, through Law 5,033, of November 16, 1990. In 1991, the Loteria Estadual do Maranhão was definitively extinguished, under Law 5,202, of October 7, 1991. After that, the installment of the lottery service by the State of Maranhão only happened again in 2002, having been instituted by Art. 14 of Law 7.734 and regulated by Decree 18.899, of August 13, 2002.
In 2007, understanding that state rules that instituted lottery services violated the Union's private competence to legislate on consortium systems and draws, the Supreme Federal Court, in the case records of the Direct Action of Unconstitutionality 3063, declared the unconstitutionality of Art. 14 of the Law 7,734, of April 19, 2002, thus ruling out the possibility of Maranhão exploring any lottery modalities.
However, this year, the Supreme Court reanalyzed the matter and, within the scope of the Non-Compliance Actions of Fundamental Precept 492 and 493, confirmed the understanding that the exploitation of lottery services is not exclusive to the Union. According to the STF, legislative competence of the Union to legislate on consortium systems and draws does not remove the material / executive competence of the Member States and the Federal District.
Source: GMB / Agência Assembleia
