This Wednesday, the Federal Supreme Court (STF) is expected to judge cases that directly affect the operation of state lotteries. The result may restrict the opening of new lotteries, as well as the issuance of tickets from existing categories.
The actions (ADPF nº 492 and 493), authored by the Government of Rio de Janeiro, and ADI nº 4986, by the Government of Mato Grosso, raise doubts about a 1967 decree.
The text, in turn, states that the Federal Government has a monopoly related to state lotteries. Minister Gilmar Mendes is the rapporteur of the cases.
Decision could end state lotteries
The determination of the STF will affect all states and involve the other judges, as it refers to a matter of disregard for fundamental precepts (ADPF) and direct action of unconstitutionality (ADI).
The debate is whether Decree-Law No. 204/1967, prior to the 1988 Federal Constitution, was ‘received’. That is, if an old law is still valid after the drafting of a newer law with a higher hierarchy, as well as different measures.
Since the Constitution, unlike the decree, does not establish exclusive lotteries for the Federal Government. In the cases, the states point out that this monopoly of the Union impacts the collection of all state governments and compromises equality between the federal entities: Federal Government, States and Municipalities.
Those who wish to break this monopoly of the Union argue, even though the Federal Government aims to put the Decree into practice, so that the federative units can explore only the games in the models in force at the time the measure was sanctioned. This means without the use of current technology and without offering games proportional to the current population.
According to the Jornal de Minas Gerais, the possibility of ‘rescuing the decree’ from the 1960s can eliminate practically all state lotteries, nowadays inserted in a sector that competes with sports betting platforms, online games and other modalities considered irregular, such as animal game and slot machine.
