This Tuesday (15), federal judge Itagiba Catta Preta Neto, from the 4th Court of the Federal Regional Court of the 1st Region, granted an injunction that allows an online betting company to continue operating until December 31, 2024.
The decision was taken even though the company had not requested authorization from the Ministry of Finance within the deadline set last month.
Position of the Ministry of Treasury
Megapix Comunicação e Tecnologia Ltda., located in Caruaru (PE), was not listed among the bets authorized by the Prizes and Betting Secretariat. Therefore, the company requested an injunction to extend the period of action until the end of the year.
Lawyers Ariane Sabrina Batista and Marcos Bispo Alves, who represent Megapix, argued that there was a violation of the principle of legal certainty.
According to the house’s understanding, the deadline for regularizing bets was brought forward to September. In October, the Treasury released the list of companies that requested authorization within the proposed period.
“It is established in jurisprudence that the Administration cannot exceed its regulatory power by imposing sanctions. Creating or reducing deadlines or other requirements that violate the principle of legal reserve”, stated the judge in the preliminary injunction.
Regularization deadline for betting company
Therefore, judge Catta Preta Neto highlighted that, in May, the Treasury had set a deadline of December 31st for the submission of license requests by interested companies.
Thus, he observed that any subsequent rule that changes this period violates the principle of legal certainty. “The Administration cannot change its acts at will, without safeguarding the rights already established in favor of individuals”, he declared.
“Companies that were already in operation began a process of adapting to the legislation with the expectation of a deadline that would end – and ends – on December 31, 2024. This is the deadline that applies to the petitioner”.
“As this is the case in the case, I grant the request for an injunction to determine that the petitioner be authorized to operate until December 31, 2024, in accordance with Ordinance SPA/MF No. 827 of May 2024″, concluded the federal judge.
