VIE 16 DE ABRIL DE 2021 - 00:18hs.
US$ 28.5m

Brazilian judge says that Caixa can block unredeemed amount of Mega-Sena da Virada

Bettors lose the right to receive their prizes or to request refunds if they were not claimed within 90 days, counting from the date of the announcement of the result. Judge Eduardo José da Fonseca Costa, of the Ribeirão Preto Forum (SP), understands this. On Saturday (3), during the judicial duty, the magistrate denied a request to prohibit Caixa Econômica Federal from blocking amounts not redeemed by two winners of the Mega-Sena da Virada.

Mega da Virada is a special drawing held on New Year's Eve every year. The drawing is extremely popular among Brazilians because of its large jackpot.

The decision is based on Article 14 of Law 13.756 / 2018, according to which lottery bet winners must redeem their prizes within a maximum period of 90 days. If the winner does not show up, the amount must be reverted to the Student Financing Fund (Fies).

"The text of the law is unquestionable: the payment of the prize depends on a claim by the contemplated bettor. To claim means to demand, press, exercise pretense. If not claiming within 90 days from the first disclosure of the result, the prize goes to Fies," says the decision.

The request was made in a popular lawsuit that did not have its author identified. In addition to requesting that Caixa not block the amount drawn at Mega, which amounts to R$ 162 million (US$28.5m), the action requested that the institution identify the winner. The magistrate also rejected that request.

"The duty to pay the prize does not have as factual support only the existence of a contemplated gambler: it is also necessary that the contemplated gambler asks for it. Imposing judicially on Caixa Econômica Federal the tasks of identifying the winner and paying the prize means legislating through transversal ways," says the decision.

Source: Revista Consultor Jurídico