The injunction that ordered the suspension of bets and the video lottery operation of Lototins Serviços Lotéricos do Tocantins SPE S.A. was revoked. The order was issued by Judge Adolfo Amaro Mendes, of the Court of Justice of Tocantins.
The decision was made on Monday (30). This happened after the concessionaire appealed against the first instance measure.
Lototins had been banned from offering sports betting, video lottery and to operate physical gaming machines. This measure was taken through an injunction, granted by the judge of the 2nd Court of Finance and Public Records of Palmas. The argument was that there were irregularities in the concession by the State.
Among the allegations, the judge considered that the company had installed machines similar to slot machines. In addition, he questioned the term of the concession contract, which would be longer than permitted by law.
Lototins’ challenge triggered the revocation of the previous measure
Lototins contested the decision, and clarified that the equipment in operation are certified video lottery terminals, which operate within current legislation.
The company also explained that the machines operate in the electronic instant lottery mode, similar to the “scratch card”. Therefore, they do not follow the fixed-odds betting mode, as provided for in Federal Law No. 13,756/2018.
Furthermore, Lototins argues that the concession contract follows legal procedures. Also, that the fixed-odds betting modality is authorized for exploration by the States in accordance with federal legislation.
The company also reported having paid the minimum fixed grant of R$16.6 million, as stipulated in the contract.
When analyzing the appeal, Judge Adolfo Amaro Mendes pointed out errors in the first instance decision, citing legal provisions that authorize the concession of lottery services and validate the contractual term. Therefore, he granted the injunction to suspend the ban imposed on Lototins until the final judgment of the case.
The process now moves on to the opposing party’s statement and then to the Attorney General’s Office for an opinion.