The injunction granted by Justice Nunes Marques suspended all laws dealing with this sector, ordering the halt of operations and suspending bidding processes conducted by city governments. He had requested that the measure be taken to the virtual plenary so that the other justices could examine his solo decision.
Before the halt stemming from the highlight request made by Justice Flávio Dino, only Nunes Marques, the rapporteur of the case, had cast a vote, reaffirming his position in favor of interrupting municipal operations.
In his vote on Wednesday (3), Nunes Marques immediately suspended the validity of laws, decrees, public notices, and contracts signed by municipalities to operate lotteries and bets, as well as ongoing bidding procedures.
The measure was taken in the context of the Allegation of Breach of Fundamental Precept (ADPF) 1212, filed by the Solidariedade party, which challenges the constitutionality of municipalities establishing their own lotteries.
The justice upheld the understanding that municipalities do not have constitutional authority to regulate this activity locally. According to him, lotteries are activities of national and regional interest, subject to federal rules and to the administrative authority of the Union and the states — not municipalities.
In addition to ordering the immediate suspension of operations and bidding processes, the justice set a daily fine of R$ 500,000 (US$94,000) for municipalities and companies that continue operating the service, and R$ 50,000 (US$9,400) for mayors and public or private managers.
Source: GMB
