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