In the ADPF, Solidariedade argued that the STF’s decision ending the federal government’s monopoly on lotteries did not include municipalities, as it only allowed operations to be carried out by states and the Federal District.
By requesting to act as amicus curiae in the ADPF, the Attorney General’s Office of São Paulo expressed the same view as Solidariedade, stating that constitutional authority over the matter lies exclusively with the states.
Since São Paulo is currently implementing its State Lottery, the state justified its participation by claiming a “direct legal interest in the case.”
In the document, the Attorney General’s Office stated: “Residual constitutional authority lies exclusively with the states, while municipal authority is expressly provided in Article 30, limited to matters of local interest. In this context, the operation of lottery services does not fall under the notion of ‘local interest.’ This is an activity that, by its very nature, extends beyond the territorial boundaries of a single municipality, affecting people in different regions—especially given the expansion of electronic and virtual betting formats.”
The statement continues: “The nationwide reach and diffusion of lotteries make municipal oversight impractical and demonstrate the need for centralized regulation by entities with broader territorial jurisdiction, such as the Union, the states, and the Federal District.”
In the petition, the Attorney General’s Office noted that the State of São Paulo, “following the recognition of its residual authority to operate lottery services, has recently launched a bidding process for the concession of state lottery public services, with the contract signing scheduled for the end of the current year.”
Source: GMB
