Last Wednesday (28), the TJ-SP accepted a request from the Public Ministry and, in a preliminary (provisional) decision, suspended the law that prohibited the use of animals in sports, including betting on horse races in the capital of São Paulo. This directly affected the São Paulo Jockey Club.
Municipal law banned horse racing
For Attorney General Paulo Sérgio de Oliveira e Costa, the ban makes horse racing unfeasible. This modality involves betting and is expressly authorized by the federal government.
He further argued that the ban violates the principle of separation of powers between the states and the federal government. Only the Union has the right to legislate on consortiums and draws.
In July, judge Damião Cogan had already issued an order to prevent any sanctions against the Jockey Club. This allowed the club to continue its activity until the merits of the action were judged, which is still pending in court.
At the time, Cogan considered that the decision would have unpredictable consequences for the club. He also raised the reasoning of lawyer José Mauro Marques, Jóquei’s defender, that the legislation that governs the activity is federal and cannot be subject to municipal prohibition.
Municipal law 18,147, of June 28, 2024, gives 180 days for companies to end activities with animals that involve betting. Then, the text, authored by councilor Xexéu Trípoli (União Brasil), was approved by the Chamber on June 26th and announced by the mayor of São Paulo, Ricardo Nunes (MDB), two days later.
Jockey Club would have to return land to the municipality
The approval of the project is another chapter in the land dispute. For a decade, the municipal administration has been trying to charge a significant amount of IPTU (Land and Urban Land Tax) and ISS (Service Tax). But the club disputes the amounts invoiced.
An agreement in 2014 had guaranteed Chácara Jockey, another piece of land owned by the Butantã club, to the municipality as payment for old debts. Furthermore, part of the land is under concession for a specific purpose.
Therefore, the end of horse racing would force the Jockey Club to return this area to the municipality in the event of the activity’s closure.
