The 4th Panel of the Superior Court of Justice (STJ) unanimously decided that the Brazilian courts should judge the case of nurse Maria do Socorro Sombra. She claims to have won a bet worth R$1.8 billion on the Lottoland betting platform. The decision follows the understanding of previous instances.
Minister Antonio Carlos Ferreira, the rapporteur for the case, rejected the company’s appeal and pointed out obstacles that would make the trial in Gibraltar, Lottoland’s headquarters, unfeasible.
According to him, “the requirement that the plaintiff litigate in Gibraltar would impose a manifestly disproportionate burden, given the significant language barriers, the substantial procedural differences, the exorbitant costs and the considerable geographical distance. Such an imposition would constitute a true denial of her fundamental right of access to justice, compromising the effectiveness of the consumer protection system”.
Legal action and appeal to the STJ
The nurse, a resident of Quixeré (CE), took legal action after being blocked by the platform. According to her, the winning bet took place in October 2020, during the Powerball lottery draw in the United States. In addition, she requested the court to issue proof of the bet.
The 2nd Civil Court of the District of Limoeiro do Norte (CE) and the Court of Justice of the State of Ceará (TJCE) had already decided that the Brazilian Judiciary has jurisdiction to judge the case.
The amount of R$1.8 billion was determined based on the amount the bettor claims to be entitled to. Lottoland contested the amount, but was unable to overturn the determination in the second instance.
According to the lawsuit, Maria do Socorro recorded the betting numbers in her diary. Even after the favorable decisions in the first two instances, Lottoland appealed to the STJ and also to the Supreme Federal Court (STF).
Gibraltar´s Jurisdiction
The company claimed that the appropriate forum would be Gibraltar, as provided for in the platform’s rules, and that the prize would be paid there. However, the judges concluded that the site caters to the Brazilian public. Therefore, since the bet was made on national territory, the process must continue in Brazil.
Previous courts also highlighted that changing the jurisdiction would limit the nurse’s access to justice, creating an obstacle to claiming the award. In addition, the judges considered the contractual clause that establishes Gibraltar as the exclusive jurisdiction to be abusive.
Minister Antonio Carlos Ferreira reinforced that “removing the clause on the election of a foreign forum does not mean denying the validity of private autonomy in international contracts, but rather recognizing that, in adhesion contracts that configure consumer relations, the protection of the vulnerable party and the guarantee of access to justice must prevail, especially when the literal application of the clause would result, in practice, in the impossibility of defending consumer rights”.
According to information from the Ministry of Finance, Lottoland operates legally in Brazil. In the lawsuit, the company stated that there was no winner in the draw and presented different values for the supposed prize: R$244.3 million (five correct numbers + Powerball) or R$11.3 million (five correct numbers).
