Minister Luiz Fux, of the Federal Supreme Court (STF), suspended this Wednesday (23) the rule that prevents an economic group from operating lottery services in more than one state in the country. The decision also suspended the restriction on advertising games to residents living in the state.
The minister’s decision was motivated by a request for an injunction made by the government of São Paulo. The state prosecutor’s office alleged that maintaining the rules set out in Law 14,790/2023, known as the Sports Betting Law, could harm the auction for the concession of lottery services, which will be held on October 28th.
In Fux’s understanding, the federal rule cannot impose collection obstacles on states without reasonable justification.
“In light of the idea of fiscal federalism, the Union cannot impose obstacles to the full exercise of tax collection powers by the states, especially in the absence of any reasonable justification, as in this specific case”, he stated.
The action has been pending before the Supreme Court since May this year and was filed by governors of six states and the Federal District.
The case would be judged in a virtual session on the 18th of this month, but a request from Minister Gilmar Mendes suspended the trial. However, given the injunction requested by the government of São Paulo, Luiz Fux decided the issue.
bets
The case is not related to the legality of the online betting market in Brazil (bets).
The regulation of the betting market in Brazil is discussed in the Supreme Court through a direct action of unconstitutionality filed on September 24th by the National Confederation of Commerce in Goods, Services and Tourism (CNC).
The entity questions Law 14,790/2023, a rule that also regulated fixed-odd online betting.
In the action, the CNC says that the legislation, by promoting the practice of gambling, causes negative impacts on less favored social classes. Furthermore, the entity cites the growth in household debt.
