The Federal Supreme Court (STF) ruled on the validity of Federal Law 14,455/22, which establishes the Health and Tourism Lotteries, allocating part of the profits to the National Health Fund (FNS) and Embratur – Brazilian Agency for International Tourism Promotion .
According to the Migalhas portal, the decision was unanimous and took place via virtual plenary, which ended last Friday (08).
Lotteries Law had been questioned by the Green Party
The Green Party had questioned the lottery law, claiming that the greater allocation of profits to the management company was contrary to public ethical principles.
However, the case’s rapporteur, minister Alexandre de Moraes, argued that there is no obligation for revenues to have specific destinations and that the rule does not violate bidding rules.
According to the legislation, bets can be physical and virtual, and lotteries can be managed by private companies.
The law allocates 95% of the revenue from the Health and Tourism Lotteries to funding and maintenance expenses for the operating agent. The FNS or Embratur receive from 3.37% to 5% of the revenue, depending on the type of bet.
The Green Party argued that the law did not require bidding for private companies to take over the management of lotteries, as provided for in the Federal Constitution.
The party also stated that even with the allocation of 95% of the profit, this was contrary to public ethics. She considered that the norm deviated from its social purpose.
However, Moraes considered that the contested legislation was not in disagreement with the Constitution. Because there is no constitutional requirement to limit remuneration by specific allocation of revenue.
Then, the minister also noted that the constitutional controversy centered on the alleged disproportion of the percentages allocated to the FNS and Embratur and the lack of clarity regarding the criteria for granting the exploitation of lotteries.
However, Alexandre de Moraes considered that such issues are inherent to the legislative framework, and there is no need for intervention by the STF.
Therefore, the court dismissed the action as unfounded, guaranteeing the continuity of the Health and Tourism Lotteries in accordance with Federal law 14,455/22.
