Minister Nunes Marques, rapporteur of the Claim of Non-Compliance with Fundamental Precept (ADPF) 1212 at the Federal Supreme Court (STF), denied the request for a preliminary injunction by the Solidariedade party. The party questions the municipality’s autonomy to operate the public lottery service.
Minister’s decision
In his decision, published on Tuesday (25) on the STF website, Minister Nunes Marques highlighted the importance of the matter. He also mentioned the great social and legal repercussions of the case.
With the aim of obtaining a definitive judgment, he decided: “Given the relevance of the matter and the repercussions on the social order and legal certainty, it is necessary to provide for the manifestation of the authorities involved, with a view to the definitive judgment of the controversy, without prejudice to, at any time, assessing the precautionary request, considering the risk and urgency indicated in the initial complaint”.
Furthermore, the minister invoked the procedure set out in Article 6 of Law 9,882/1999. This procedure allows the rapporteur to request information from the authorities responsible for the act in question.
The deadline for a response is ten days. Furthermore, the minister also ordered the Attorney General’s Office (AGU) and the Attorney General’s Office to present their opinions.
Solidarity party arguments on lottery systems
In the lawsuit, Solidarity requested the provisional suspension of all municipal laws and decrees that establish lottery systems. Therefore, the suspension would last until the Supreme Federal Court ruled on the unconstitutionality.
The party argues that local rules invade the Union’s exclusive competence to legislate on the subject. The objective would be to increase revenues “at any cost”.
The party states: “There are countless municipalities that open up the public structure to unauthorized companies to, through the exploitation of lottery activities, appropriate citizens’ resources in a manner disguised as legitimate by municipal laws, but illegally.”
Municipalities cited in the action
In the initial petition, Solidarity cited legislation from several municipalities, namely: São Vicente/SP, Guarulhos/SP, Campinas/SP, São Paulo/SP, Belo Horizonte/MG, Anápolis/GO, Foz do Iguaçu/PR, Pelotas/RS, Bodó/RN, Porto Alegre/RS, Caldas Novas/GO, Poá/SP and Miguel Pereira/RJ.
In addition, the action mentions other municipalities that have already created or are deliberating on the creation of their own local lotteries.
Check out the minister’s decision in full:
