Another Brazilian state has been accepted as amicus curiae in the Argument of Non-Compliance with Fundamental Precept (ADPF) 1.212 at the Supreme Federal Court (STF). This is the state of São Paulo. The process addresses the issue of municipal lotteries. The rapporteur for the case, Minister Nunes Marques, accepted the request, which was published on Tuesday (25).
The lawsuit, filed by the Solidarity party, asks the Supreme Federal Court (STF) to declare unconstitutional the municipal laws that authorize the operation of lottery services. This would prohibit the creation and operation of lotteries in municipalities.
According to the jurisdiction, the status of “amicus curiae” allows one to contribute their point of view during the trial of the matter.
Therefore, with this participation status, São Paulo will be able to defend its position. The state argues that the operation of public lottery services should be exclusive to the Union, the states, and the Federal District.
In other words, according to representatives of the São Paulo state government, the state is against municipal lotteries. According to those from São Paulo, allowing municipalities to also create laws regarding lotteries could harm the sector by causing legal uncertainty.
Given São Paulo’s prominence on the national stage, Minister Nunes Marques believes the state can make a significant contribution to the trial. “The pluralization of actors in constitutional jurisdiction contributes to collaboration with justice,” said the Supreme Court Justice.
In addition to São Paulo, the state of Maranhão shares the same position and also has amicus curiae status in ADPF 1.212. This has been the case since November 10th.
“The lottery constitutes a public service under the exclusive legislative competence of the Union, which subsequently authorized states and the Federal District to operate this service,” say the representatives from Maranhão.
Who is part of the group that also holds amicus curiae status in the process?
The states of Santa Catarina, Rondônia, and Espírito Santo, along with the National Association for the Legal Security of Games and Betting (Anseja), have already received acceptance from the Supreme Court to participate in the process.
Furthermore, the National Association of Municipal and State Lotteries (ANALOME), the National Association of Games and Lotteries (ANJL), the National Confederation of Services (CNS), and the state of Paraná also received approval from the Supreme Court for the same participation model as São Paulo and Maranhão.
