On the one hand, state deputy Delegado Leonam Pinheiro proposed the creation of the Alagoas State Lottery (LEA). On the other hand, former councilman João Catunda presented the Maceió City Lottery project to the capital's City Council. Both proposals are being analyzed by the respective permanent committees and are still pending a vote in plenary.
In Leonam's project, the Alagoas State Lottery is conceived as a public service to be operated through concessions or permits, with supervision by the Executive Branch. The proposal includes five types of games, all of which are provided for in federal legislation: numerical lottery, numerical prediction, sports prediction, instant lottery and others authorized by law.
The distribution of gross revenue is detailed in the text: 40% will go to prizes and taxes, while the remainder will be allocated to social actions (30%), sports (15%), culture (10%) and administration (5%). Prizes not claimed within 90 days will be reverted to the State Health Fund.
According to Representative Leonam, the proposal is based on article 175 of the 1988 Federal Constitution, which deals with the provision of public services, and responds to the tacit revocation of Decree-Law 204/1967, which granted the Union exclusivity in the operation of lotteries. “We are talking about a model already consolidated in other states such as São Paulo, Tocantins and Roraima, which have used their lotteries to reinforce public policies”, he explained.
Leonam argues that the initiative aims to create a new source of social financing for the state, given the budgetary limitations and the growing demand for investments in health, education and security. The parliamentarian also highlighted that the project includes mechanisms for transparency, monitoring and Responsible Gaming programs.
Maceió
At the municipal level, bill no. 375/2024, filed by João Catunda in November 2024, establishes the Maceió Public Lottery Service. The text has been stalled since December in the Constitution, Justice and Final Drafting Committee of the City Council. Despite this, the proposal is protected as a priority by the administration of Mayor João Henrique Caldas, who has been studying the model's forecasts since 2023.
The idea is that the municipal lottery will serve as “new money” for programs to combat poverty, health, education and sports.
Inspired by cities like Lagarto (SE), which recently implemented its own lottery, a capital of Alagoas is following the path of other municipalities seeking financial autonomy and budgetary reinforcement outside of the traditional transfers from the Municipal Participation Fund (FPM) and constitutional transfers.
While on the one hand state and municipal lotteries are seen as tools for raising funds and supporting social policies, on the other they face legal resistance. The constitutionality of municipal lotteries, in particular, is being questioned in the Federal Supreme Court (STF) through the Claim of Non-Compliance with Fundamental Precept (ADPF) 1,212, supported by the Solidariedade party.
In the action, the party argues that municipal laws that create lotteries violate the federative pact, usurp the powers of the Union and can facilitate the irregular activity of betting companies. According to the party, cities with their own regulations can become “entry points” for groups seeking to exploit games with fewer legal criteria.
Minister Nunes Marques, the rapporteur for the case at the Supreme Federal Court, has summarily denied the suspension of municipal lotteries, but the trial has not yet concluded. The Supreme Federal Court is awaiting statements from the Attorney General's Office (AGU) and the Attorney General's Office (PGR) to conclude the analysis.
Despite the legal uncertainty, the model has been gaining traction in several regions of the country. Experts point out that the Supreme Federal Court's decision in 2020, which authorized states to operate lotteries, paved the way for this “race to collect revenue”. States such as Rio de Janeiro, Minas Gerais and Maranhão have already held their lotteries. Now, the new development is the municipal interest, an even more recent trend that raises new discussions about autonomy, competence and fiscal responsibility.
In the case of Alagoas, a simultaneous negotiation between the state executive and the city of Maceió revealed a coordinated effort to access sources of revenue outside the traditional transfer system. Both projects, however, will have to face not only the scrutiny of the local legislature, but also national legal oversight.
Source: Gazeta de Alagoas
