According to Idec, it is "flagrant" that the PM does not "conform to the constitutional requirements for its expedition, in which the assumptions of urgency and relevance are inserted cumulatively."
The institution says that the measure "generates great risks for the consumer - especially for the elderly and children - and goes against the constitutional purposes of television concessions."
The Institute also states that the text is “confusing and overly open”, with no clear definition of the “specific modalities of sweepstakes and contests that can be held, on which platforms this will effectively take place and under what forms of consumer billing.”
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The note recalls that, in the 90s, similar measures were prohibited by the Judiciary: “the prohibition occurred after representation sent by Idec to the Federal Public Ministry, which filed a lawsuit to challenge Ordinances 413/97 and 1258/97, of the Ministry of Justice, who had regulated the draw for institutions dedicated to philanthropic activities.”
The statement also cites the ‘CPI dos Sorteios 0900’, held by the Legislative Assembly of São Paulo, which concluded that such mechanisms were aimed at “leveraging the billing of TV networks” through the “illegal practice of gambling.”
In Idec's view, such practices are abusive, especially when considering children and the elderly, and “take advantage of the consumer's weakness or ignorance, in view of their age, health, knowledge or social condition, in addition to requiring the consumer to take advantage manifestly excessive.”
In addition, there would be a violation of the law stipulated for the performance of TV networks: "[there is] a distortion of the social function of public concessions and of the principles defined for the operation of the service, in direct conflict with the provisions of the Federal Constitution".
Source: GMB/ Reconta Aí
