In the document, the Audit Court states that any acts, laws, decrees, or regulations establishing the creation, regulation, or concession of lotteries by municipalities are considered unconstitutional due to the lack of constitutional competence for such purposes.
“Any bidding procedures aimed at establishing, delegating, or operating a municipal lottery will be considered irregular and void, regardless of other legal issues arising from non-compliance with legislation governing concessions, procurement, and contracts,” the warning sent to the municipalities states.
Municipalities that currently have open bidding processes must suspend all procedures, including those in which public notices have already been published.
According to TCE-PI, only the Federal Government and the States may operate lotteries, and in the case of the states, only in the modalities officially regulated by the federal government.
The Court also warned that mayors or administrators who authorize or approve bidding processes related to municipal lottery services may be personally sanctioned if they fail to comply with the alert.
Source: GMB