The Federal Supreme Court (STF) has accepted the participation of four organizations as amicus curiae (friends of the court) in a case challenging the validity of municipal laws regulating lotteries, sports betting, and online gaming. The decision was made by Justice Nunes Marques, reporting judge for the Claim of Non-Compliance with a Fundamental Precept (ADPF) 1212.
The lawsuit was filed by the Solidariedade party, which argues that only the federal government has the authority to legislate on the matter. According to the party, several municipalities are creating their own betting systems without following federal rules established by the Ministry of Treasury.
Who can give their opinion on municipal lotteries?
The entities authorized to speak are:
- ANALOME (National Association of Municipal and State Lotteries) – represents local lottery operators,
- ANJL (National Association of Games and Lotteries) – represents online betting companies,
- CNS (National Confederation of Services) – brings together more than 350 thousand companies, including gaming platforms,
- State of Paraná – has already acted in similar cases as amicus curiae.
The minister, however, denied the request for participation by Bethanus Assessoria Empresarial Ltda., considering that the company did not have sufficient national representation.
What’s at stake?
Solidariedade requests that all municipal regulations on lotteries be suspended until a final ruling. Therefore, the party claims that many cities are allowing these services to operate without federal authorization, which would violate Law No. 14,790/2023.
Another point highlighted is the difference in fees charged. While the federal government requires R$30 million for national concessions, some municipalities are reportedly signing contracts for as little as R$5,000. Furthermore, the lack of a unified inspection standard could put consumers at risk.
Several cities are named in the lawsuit, including:
- São Paulo, Campinas, Guarulhos and São Vicente (SP)
- Belo Horizonte (MG)
- Porto Alegre and Pelotas (RS)
- Foz do Iguaçu (PR)
- Anápolis and Caldas Novas (GO)
- Bodó (RN)
- Miguel Pereira (RJ)
How does the process work?
Nunes Marques justified the decision based on Law No. 9.882/1999, which establishes the importance of consulting with different stakeholders. The minister has not yet ordered the suspension of operations, awaiting statements from the Attorney General’s Office and the Public Prosecutor’s Office before deciding on precautionary measures.
Finally, the case remains under review by the Supreme Federal Court (STF) with no date set for a trial. The final decision could determine who has the right to legislate and oversee lotteries in the country.
