A bettor from Florianópolis (SC) was denied receiving the Mega da Virada prize after having his ticket stolen on January 1, 2023. But the Federal Court announced the decision, reversing a previous judgment that favored the Santa Catarina native.
The draw, held on December 31, 2022, awarded the bettor with R$ 11,420.27, referring to the lottery quota that matched five of the six numbers drawn.
Judicial turnaround
Then, in December 2023, the 6th Federal Court of Florianópolis had ordered Caixa Econômica Federal to pay the amount to the bettor. But this did not happen, as Caixa appealed and a new sentence was issued on July 12 in favor of the financial institution.
The bettor reported that he bought a share of a Mega da Virada jackpot and had the ticket stolen on December 30, one day before the draw. He presented proof of payment and a police report to the Court.
However, Caixa Econômica Federal denied payment based on the lack of the winning ticket. Faced with the refusal, on March 27, 2023, 86 days after the draw, the bettor went to court.
Prescription for receiving the Mega da Virada prize
The initial order, issued on March 28, determined that Caixa be notified about the case. However, the summons to the bank only occurred on April 7, 97 days after the draw. Caixa argued that the legal period of 90 days to receive the prize had already expired.
But judge Antonio Fernando Schenkel do Amaral e Silva stated that “in the specific case, in the case of a stolen ticket, the provisions of article 17 of Decree-Law No. 204/67 apply.
In other words, the prescription stops with the “valid summons, in the case of judicial proceedings.’” As the summons only occurred on April 7, the judge recognized the prescription of the claim.
Therefore, this case highlights the importance of keeping lottery tickets in a safe place. Losing or stealing a ticket can result in legal complications and, eventually, the loss of the prize.
Therefore, bettors must be aware of the legal deadlines and the implications of legal proceedings in cases of theft or loss of the ticket.