Federal judge Antônio Cláudio Macedo da Silva granted an injunction in favor of the Rio de Janeiro State Lottery (Loterj). The decision prevents the blocking or prohibition of advertising by bookmakers authorized by the municipality.
The action was filed by Loterj against the Union, which was trying to prevent the operation of these bets throughout Brazil.
Therefore, Loterj argued that the Union does not have the right to block sports betting sites authorized in Rio de Janeiro, even if they operate nationwide. The judge’s decision was based on the validity of the arguments presented by the municipality, which highlighted the regularity of the companies authorized by the municipality.
Loterj lawsuit
Loterj’s legal action was a response to Ordinances 1,225, 1,231 and 1,475 of the Ministry of Treasury. These ordinances sought to restrict advertising and bring forward the blocking of betting sites from October 1st.
Loterj argued that these measures violate state regulations and the rights of companies authorized to operate in Rio de Janeiro.
In the arguments presented, Loterj highlighted that state regulation cannot be suffocated by the Union. It cited § 8 of art. 35-A of Law No. 13,756/2018 and art. 170 of the 1988 Federal Constitution. Furthermore, he highlighted that the retroactive application of the law contradicts art. 3rd of Complementary Law nº 116/2003.
The judge decided to grant the injunction, suspending the effects of the Ministry of Treasury’s ordinances. The decision guarantees Loterj and its accredited companies the right to explore fixed-odd betting in an online environment.
The injunction also validates online bets made in the territory of Rio de Janeiro for all legal and tax purposes, without requiring accreditation with the Union.
This decision represents a victory for Loterj and the sports betting houses authorized by the municipality. This is because the injunction protects these companies from restrictions imposed by the Federal Government, allowing the continuity of their operations and advertising.
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