The São Paulo courts have dismissed the investigation requested by Caixa Econômica Federal , which investigated lottery betting brokerage sites, known as “bolões” (pools). Furthermore, the Public Prosecutor’s Office and the Civil Police concluded that there is no evidence of crimes against the popular economy or gambling.
Caixa requested the investigation in 2021, and the inquiry was opened in 2022, following changes in judicial bodies. According to the bank, these platforms were not authorized to sell federal lottery tickets, as this function is exclusive to Caixa and its accredited lottery outlets.
Role of platforms and analysis by the Public Prosecutor’s Office
Prosecutor Isaac César Coelho Argolo explained: “These sites provide a convenience service, acting as an intermediary between the bettor and lottery houses accredited by Caixa.
It is not, therefore, a question of creating or operating a lottery outside of legality, but rather of facilitating bettors’ access to existing and duly regulated games.”
Furthermore, the Public Prosecutor’s Office added: “The issue has already been thoroughly analyzed in other spheres, both administrative and judicial. Therefore, the understanding has been consolidated that the activity of brokering bets in official lotteries does not constitute a criminal offense.”
The Court of Justice of São Paulo (TJ-SP) formalized the archiving on the 25th.
Previous court decisions reinforce legality
The Federal Regional Court of the 3rd Region (TRF-3) rejected, in August, a request from Caixa to take a website offline.
Federal Judge Wilson Zauhy noted that the Administrative Council for Economic Defense (CADE) recognized the legality of intermediation in the lottery market. This market is regulated by the Ministry of Treasury, not Caixa.
Therefore, the intermediation platforms maintain their operations, and they continue to legally represent bettors before Caixa and facilitate the registration of bets at accredited lottery outlets.
Consequently, the Court reinforced the legitimacy of these activities, allowing users to continue using the services without interruption.
