After receiving analysis from the Municipal Attorney General’s Office (PGM), the mayor of Aracaju, Emília Corrêa, decided to veto Complementary Bill No. 6/2025. The project, presented by councilor Isac Silveira, intended to establish the public lottery service in the municipality of Aracaju (Lotaju).
The veto was sent to the City Council. According to the technical opinion, three legal issues are considered unconstitutional: legislative competence, respect for constitutional principles, and flawed initiative.
Arguments presented by the Municipal Attorney General’s Office related to Lotaju
Among the arguments presented by the PGM, the first point highlighted that the municipality does not have authorization to create or operate lottery services.
Article 22, item XX, of the Federal Constitution determines that legislating on consortium and lottery systems is the exclusive function of the Union, including lotteries.
According to the opinion, “The Supreme Federal Court recognizes that the competence to operate lotteries is reserved only to the Union and the States, not extending to municipalities,” the document stated.
Another legal point highlighted the violation of the constitutional principles of the federative pact and free competition.
The text explained that, by creating Lotaju, the municipality would accumulate lottery revenues, added to federal and state transfers, without carrying out proportional redistribution.
According to the document, this “creates an undue tax collection advantage and compromises the federative balance provided for in the Constitution.”
The opinion also noted that there is no predominant local interest to justify the implementation of the lottery service at the municipal level. According to the PGM’s analysis, “the nature and impact of lottery activities extend beyond local boundaries, involving issues of economic order, consumer protection, and combating financial illicit activities, requiring national regulation and federal oversight,” it stated.
Finally, the legal opinion indicated a defect in the initiative, as the project directly influences the structure of the municipal government and the allocation of public resources, matters exclusive to the Executive Branch.
The document concluded: “The creation of public services and budget definition are exclusive responsibilities of the mayor, as established by the Municipal Organic Law and the State Constitution.”
