The Ministry of Finance, in an official statement, said that the proposal has no legal basis: “The Federal Constitution and Brazilian law only allow the operation of lotteries by the Union, nationally, by the states and by the Federal District, within the limits of their respective territories.”
The text of the project foresees that the municipal lottery will be held both in person and virtually, within the territory of São Gonçalo. The service would be provided through concession, permission, accreditation, bidding and public-private partnerships. The revenue obtained would be used to pay prizes, cover operating expenses and invest in sectors such as health, education, security and culture.
In view of the position of the Ministry of Finance, the City of São Gonçalo spoke out, citing a decision by the Federal Supreme Court (STF) from 2020, which would allow the creation of municipal lotteries. “The exclusivity of the Union refers only to the legislation for their operation. The practice has already been adopted by several municipalities in the country, with the aim of increasing revenue and investing resources in benefits for the population,” highlighted the city hall.
The City Council also defended the project, claiming that the measure complies with the rules of Federal Laws No. 13,756/2018 and No. 14,790/2023. According to the Legislative Assembly, the initiative would enable the raising of funds to be invested in essential investments in education, health and social assistance.
Official Note from the National Association of Municipal and State Lotteries
The National Association of Municipal and State Lotteries - ANALOME, in defense of the administrative and financial autonomy of municipalities, publicly expresses its position on the recent note from the Ministry of Finance regarding the creation of the municipal lottery of São Gonçalo, proposed by the City Hall and approved by the local legislature.
The Federal Constitution, in its article 30, guarantees municipalities the authority to legislate on matters of local interest. In addition, the freedom of choice of bettors among the federated entities is a fundamental principle that must be respected, with the lottery being a public service defined by law. The creation of municipal lotteries not only aligns with the principles of equality and municipal autonomy, but also promotes free competition between the various federated entities.
Contrary to what was stated by the Ministry of Finance, recent case law indicates that there is no monopoly by the Union and that it is legally possible for states, the Federal District, and municipalities to create lotteries. The Federal Court's decision in 2020 recognized that other federated entities have the right to establish their own lotteries, as long as they comply with the guidelines established by federal legislation. Federal Law No. 13,756/2018 and Federal Law No. 14,790/2023 are clear examples that allow this practice, allowing municipalities to explore this activity as a way to increase their revenue and invest in essential areas such as health, education, and security.
The São Gonçalo initiative aims not only to generate resources for the municipality, but also to meet the needs of the local population through significant investments in key sectors. The public-private partnerships contemplated in the project ensure transparency and efficiency in the management of the resources collected.
Therefore, we reaffirm our support for the initiative of the City of São Gonçalo and for the autonomy of municipalities in creating their own lotteries, following the examples of prominent capitals such as SP, BH, BEL, among other municipalities that already have public lottery services approved by law and regulated by decrees. It is essential that the debate on this topic be guided by respect for constitutional norms and the pursuit of social well-being.
Source: GMB
