DOM 24 DE ENERO DE 2021 - 17:44hs.
Decentralization

TRF welcomes AGE-MG appeal against Union decision, Loteria Mineira may continue operating

Judge Jirair Aram Meguerian, from the Federal Regional Court (TRF) of the 1st Region, in Brasília, granted guardianship advance to the State of Minas Gerais, through an appeal filed by the State Attorney General (AGE), against the decision of the Union in the administrative process 18101.000102/2017-17. In practice, this allows the State, through Loteria Mineira, to continue providing lottery services. The news is extremely important for the Government of Minas Gerais but mainly for the needy people that the state helps with lottery revenue.

The AGE filed a request for the advance of the appeal, in view of filing an appeal against a sentence that dismissed the request for the declaration of nullity of the decision issued by the Union in the aforementioned administrative process. In the decision, Loteria Mineira was prevented from providing lottery services in a different form of previously numbered ticket lottery and limited its marketing to the same number of tickets and series offered to the betting public on the date of publication of Decree-Law No. 204/1967.

In practice, the decision allows the State, via Loteria Mineira, to continue providing lottery services in the instant modalities of Mineira, Keno Minas, Multiplix, Minas5, Loto Minas, Totolot, Speed Race and Toto Gol.

It is an extremely important decision for the Government of Minas Gerais but mainly for the needy people that the state helps with the lottery revenue. Preventing the state lottery from operating is contrary to what the current federal government advocates. Decentralization of the Federal Government and helping States.

The State does not discuss the formal competence to legislate on consortium systems and draws, as the issue will still be settled when the Judgment of Non-Compliance with Fundamental Precept (ADPF) No. 493 is judged, filed by the Brazilian Association of State Lotteries. What the State defended, through the AGE, is that when the Federal Law gives the Union the power to promote or extract a lottery in a certain way, the same authorization is given to the Member States of the Federation.

For these reasons, “I anticipate the appeals protection and suspend the effects of the decision issued by the Federal Government in the administrative process 18101.000102 / 2017-17," determined the federal judge.

To prevent these modalities would be to jeopardize the collection of resources of the State in the fight against the coronavirus, since the revenue from the lottery games market by Loteria Mineira will help in facing the pandemic. R$ 33 million will be allocated to the State Health Fund (FES), according to decree of Governor Romeu Zema already published in the Official Gazette of Minas Gerais.

Source: GMB