The precautionary measure, signed by Judge Nunes Marques, prevents the continuation of new acts until the final judgment of the ADPF n.º 1.212. According to the magistrate, the accelerated expansion of municipal lotteries, already present in more than 80 cities in recent years, exceeds the constitutional competence of the municipalities and threatens the integrity of the federal pact.
The decision states that lotteries do not constitute a service of local interest and require uniform, centralized and rigorous regulation attributed to the Union. In the text, the judge states that "the municipalities have usurped the regulatory competence of the Union and innovated in the form of distribution, stipulating general rules on the system of consortia and raffles."
The minister said that the growing number of municipal lotteries could generate "legal uncertainty in the federal pact." The text highlights that several municipalities have been authorizing the operation of fixed quota bets by companies not accredited by the Ministry of Finance, which weakens the national system of supervision and creates an environment of legal uncertainty.
For Nunes Marques, allowing unauthorized companies to operate under municipal regulations would be equivalent to legitimizing activities prohibited by federal law.
Consequences for municipal lotteries
The decision establishes a fine of 500,000 reais per day for municipalities and companies that insist on operating after the publication of the court order and 50,000 per day for mayors and businessmen who violate the order.
The Secretariat of Awards and Bets (SPA), the National Telecommunications Agency (Anatel) and the National Association of Games and Lotteries (ANJL) were notified to adopt measures that reinforce the blocking and detection of illegal platforms, expanding the actions already provided for in the technical cooperation agreements.
The case now goes to the Plenary of the Supreme Court for analysis, which will decide whether the suspension is maintained until the final judgment.
Dingnews.com 05/12/2025