MIÉ 24 DE ABRIL DE 2024 - 15:04hs.
ADPF 492, 493 and ADI 4986

After hearing Union arguments, STF postpones vote on lottery autonomy until next Wednesday

Luiz Fux, president of the Supreme Federal Court (STF), opened yesterday afternoon the discussion of ADPF's 492 and 493 and ADI 4986, which deal with the federal monopoly on the operation of lotteries in Brazil, informing that after the oral arguments of the Attorney General's Office (PGR) and the Federal Attorney General (AGU), he would postpone the session until next Wednesday (30). As expected, AGU and PGR criticized the actions against the exclusivity of the federal operation and asked ministers to dismiss the actions as unfounded.

After two brilliant oral arguments by lawyers Emerson Barbosa Maciel (for Rio de Janeiro) and Márcio Eduardo Nepomuceno (for Minas Gerais), who defended on Wednesday the autonomy of states to explore lottery modalities, the continuation of the trial was scheduled for yesterday, with the opening of the floor to the Union.

José Levi Mello do Amaral Jr., attorney general of the Union, again defended the Union's understanding that the exploitation of draws and lotteries is private to the federal entity, stating that it is not an economic activity but a public service. "For this reason, it can´t be characterized as Union's monopoly," as mentioned in the lawsuits under discussion, which is why "it is essential that the Supreme Court dismiss the ADPF's as unfounded, confirming Decree-Law 204/1967".


                                                     


In the same vein, the deputy attorney general of the Republic, Humberto Jacques de Medeiros, stated that “playing the lottery is losing and exploits the player's vain hope”, citing British philosopher and economist Adam Smith, who in the 18th century spoke on the topic in his book “The Wealth of Nations”. For Medeiros, "the generation of revenue through the lottery is a finite capacity and its exploration must have a rationality that allows its non-exhaustion," which explains why it is in the hands of the Union so that this does not happen.

Once oral arguments finished, President Luiz Fux informed that the votes will take place in the plenary session of next Wednesday, September 30.

Source: GMB