The Guarulhos City Council approved the creation of a municipal lottery as part of a package of projects submitted by the City Hall. The proposal resumes an initiative from 2021, when the municipality was the first in the country to authorize the implementation of its own lottery.
In the current version, the main change is in the management model: unlike the previous project, which provided for direct operation by the City Hall, the new text allows the transfer of the service to private companies.
The project was approved with 24 votes in favor and 5 against. The councilors Edmilson Souza (PSOL), Fernanda Curti (PT), Janete Pietá (Rede), Marcelo Seminaldo (PT) and Prof. Rômulo Ornelas (PT) voted against.
Five other parliamentarians did not vote: Carlinda Tinôco (Republicans), Daniel Santos (PP), Gilvan Passos (Republicans), Pastor Adalberto (Mobiliza) and Welliton Bezerra (PRTB). Rafael Acosta (PSB) did not attend the session, as recorded on the voting sheet.
Management model and allocation of resources
According to the project, the management of the municipal lottery will be the responsibility of the Executive Branch, through the agency responsible for municipal revenue. With the recent administrative restructuring, the Municipal Revenue Department will assume this role.
The City Hall created this department by dividing the former Treasury Department into two new departments: Finance and Revenue. In addition, the text authorizes the municipal administration to operate the lottery service directly or indirectly, including through concession, permission or authorization, in accordance with the law.
Thus, private companies will be able to manage both lottery modalities and fixed-odds bets, including operators that have federal authorization to operate with sports betting.
Article 5 of the bill determines that the responsible company must follow the requirements of federal laws related to the prevention of money laundering and the financing of terrorism.
The City Hall will use the lottery revenue to pay the prizes and collect income tax, and the remaining amount will remain with the municipality. A portion of this amount will be used to fund municipal social security and finance public policies in the areas of human rights, culture, health, security, sports and urban mobility.
The City Hall will also define the criteria for distributing resources, including the portion linked to the company operating the service.
Action in the STF may impact the municipal lottery law
The implementation of the lottery, however, is awaiting a decision from the Federal Supreme Court (STF). A lawsuit filed by the Solidariedade party questions the legality of the laws that authorize municipal lotteries in the country. Minister Nunes Marques is the rapporteur for the case and has not yet ruled on granting an injunction.
