The Brazilian Institute of Responsible Gaming (IBJR), an entity that represents 75% of the Brazilian online betting market, decided to enter into the delicate issue involving state lottery licenses for operating online betting and games.
According to Veja, IBJR asked the Federal Supreme Court (STF) to join as amicus curiae in the action of the Attorney General’s Office (AGU) against Loterj (Rio de Janeiro State Lottery).
This condition is used to indicate a person or entity that cooperates with its knowledge to help with legal decisions.
IBJR request
In this request, the institute questions the Rio state lottery‘s claim that there is no technical way to geographically restrict the activity of accredited companies.
According to the Brazilian Institute of Responsible Gaming, platforms already have access to a variety of geolocation mechanisms available on the national market, contradicting Loterj’s justification in the process.
Determination of the STF for Loterj
In a determination in January, Minister André Mendonça had demanded that Loterj adopt measures to prevent companies authorized by it from receiving bets placed outside the state of Rio de Janeiro.
However, the Rio municipality is appealing the decision, which still carries a penalty of a daily fine of 500 thousand reais for the municipality and 50 thousand reais for its president.
Thus, Mendonça highlighted that the original determination was clear in requiring georeferencing to ensure that bets respect territorial limits. In other words, he reinforced that the Judiciary does not have an advisory role to guide technical issues, delegating this responsibility to the market.
“The Judiciary (and the Federal Supreme Court) is not a consultative body”, stated the minister. He also warned that non-compliance with federal legislation could lead to the suspension or even definitive cessation of gaming exploitation.
