Last Wednesday, the 5th, the National Congress enacted the Proposal for an Amendment to the Constitution (PEC) 43/2022, the so-called Lottery PEC, now transformed into Constitutional Amendment 129. The PEC grants an additional period of validity to current contracts of all lottery agents with Caixa Econômica Federal. More than 70,000 lottery outlets are expected to benefit, ensuring the continuity of banking services throughout the country.
The President of Congress and the Federal Senate, Senator Rodrigo Pacheco, conducted the formal session. Pacheco stated that there was a scenario of legal uncertainty in the sector — which, according to him, has a relevant social role for the country, contributing to socioeconomic development.
“The lottery networks, as they reach small municipalities, are essential for the maintenance of public policies, with a strong role as a paying agent for social programs of the federal government, such as Bolsa Família. They also reach out to the population that does not have a bank account, offering bill payment and financial credit services,” said Pacheco.
Legal uncertainty is explained by Law 8,987, of 1995, which deals with the concession and permission regime for the provision of public services provided for in the Constitution and determined the extinction of grants for lottery sales made without bidding.
But Law 13,177, of 2015, granted validity of 20 years, starting in 2013, to lottery service contracts granted for an indefinite period. However, the measure had been questioned by the Attorney General’s Office (PGR), which filed a direct action of unconstitutionality at the Federal Supreme Court (STF).
In the Chamber of Deputies, the Lottery PEC was processed under number 1.421/2015 and was approved in December 2022. In the Federal Senate, it received number 43/2022 and was approved in June, reported by Senator Ciro Nogueira (PP-PI) .
“I pay tribute here to all 70 thousand lottery operators in the country, to their employees, to their families, and to say that today it is a great pride for us to be witnessing the enactment of this PEC”, said Ciro Nogueira, celebrating the union of parliamentarians for approval of the proposal that, according to him, brought justice to the category.
Deputy Fausto Pinato (PP-SP), the first signatory of the PEC, said that lottery retailers provide a great social service. “Through them that in our country, often in places where the bank cannot reach, in slums, often in villages, with no closing hours, they serve the poor, the rich, the normal, the crippled, with a lot of mastery, with much respect, providing a great social and economic service”.
Deputy Weliton Prado (Solidariedade-MG), president of the Parliamentary Front of Lotteries, pointed out that the enactment of the PEC is the result of years of struggle and resolves the legal uncertainty of the category. “There are more than 13,300 lottery stations, more than 70,000 jobs, more than 100 million people spend every month at a Caixa Econômica Federal branch”.
The table for the solemn session was also composed of senators Rogério Carvalho (PT-SE), First Secretary of the Senate; Senator Weverton (PDT-MA), second secretary; and Jodismar Amaro, president of the Brazilian Federation of Lottery Companies (Febralot)
Beneficiaries of the Lottery PEC
The Lottery PEC benefits indistinctly both agents operating under the permission regime (who won bids organized by Caixa Econômica Federal) and those who were only accredited.
The accredited group includes 6,310 lottery retailers with contracts prior to the 1988 Constitution, which did not go through a bidding process. These are individuals or legal entities that only received accreditation to act as resellers of lottery tickets, a practice permitted at the time.
