The convening is based on Article 21-B, §4 of the STF’s Internal Rules and Article 5-B of Resolution 642/2019, which allow for extraordinary sessions of the Virtual Plenary in exceptional circumstances.
Last Wednesday (3), Nunes Marques, the rapporteur for the Allegation of Breach of Fundamental Precept (ADPF) 1212 filed by the Solidariedade party, ordered the immediate suspension of ongoing operations and prohibited the initiation of any new activities related to municipal lotteries.
The rapporteur argued that municipalities do not have constitutional authority to operate in this sector. He also requested an extraordinary virtual session for the plenary to review his monocratic ruling— a request granted by the President of the Court, Justice Edson Fachin.
According to Nunes Marques, the implementation of municipal lottery operations in cities across 17 states represents a situation of “unconstitutional metastasis,” posing risks of undermining federal regulation, enabling the proliferation of unauthorized companies, and creating competitive imbalance among governmental entities.
The rapporteur imposed a daily fine of R$ 500,000 (US$94,000) on municipalities that fail to comply with the decision, as well as a fine of R$ 50,000 (US$9,400) for officials who disregard the measure.
For this reason, he ordered the immediate suspension of operations in municipalities that have already implemented their lotteries, as well as the suspension of all ongoing bidding processes to grant public service concessions to private entities.
The session began at 12:00 a.m. this Friday (5) and ends at 11:59 p.m. on Saturday (6). Oral submissions from lawyers or attorneys representing municipalities affected by the decision may be submitted until 11:59 p.m. today (5).
Source: GMB
