Introduction and Context
THE National Association of Municipal and State Lotteries (ANALOME) is at the center of a legal and federative debate that is crucial for the future of municipal lotteries in Brazil. This Monday (10), the entity filed with the Federal Supreme Court (STF) a technical document that expresses its official position on the Allegation of Non-compliance with Fundamental Precept (ADPF) 1,212. This action, filed by the Solidariedade Party, seeks to suspend municipal laws that established lottery services in several Brazilian cities.
The document, signed by a group of renowned lawyers and the legal director of ANALOME, Dr. Paulo Horn, not only defends the legality of municipal lotteries, but also highlights the importance of such services for the autonomy and financial sustainability of municipalities. The issue raises a debate about Brazil’s federative structure and the distribution of competences between the Union, States and municipalities.
Legal and Federative Arguments
One of ANALOME’s main arguments is that, although the Federal Constitution grants the Union the power to legislate on the operation of lotteries, it does not guarantee exclusivity in the exploration of this activity. The entity highlights that, in 2020, the STF itself decided in ADPFs 492 and 493 that States and the Federal District have the right to explore lotteries, as long as they respect national standards. For the ANALOMEthis decision sets precedents for municipalities, which are also autonomous federal entities, to operate lotteries within their territories.
The document also emphasizes Article 30 of the Constitution, which guarantees administrative and financial autonomy to municipalities, including the right to organize public services of local interest. The operation of municipal lotteries is seen as a legitimate source of revenue, essential to finance areas such as health, infrastructure and paving, the effects of which are directly perceived by the population.
Interpretation of Current Legislation
ANALOME argues that the absence of explicit mention of municipalities in Law 14,790/2023, which regulated fixed-odd betting and online gaming in Brazil, does not imply a ban. According to the entity, the law simply does not address the issue of municipal lotteries, which does not eliminate the right provided for in the Constitution for municipalities to explore this activity.
In the memorial delivered to the STF, ANALOME cites historical precedents in which municipal prognosis competitions were already provided for in federal legislation. The entity argues that old decisions that challenged these activities were overcome by the actions analyzed by the STF in 2020, allowing a new understanding of the topic.
Proposals and Inspection Measures
To ensure transparency and compliance with national standards, ANALOME suggests the implementation of mechanisms such as geoblocking, which blocks access to users outside the municipal territory. The entity also proposes cooperation between municipalities, States and the Union in the inspection process, which would make the operation safer and reduce the space for irregular practices.
ANALOME argues that any irregularities committed by individual municipalities should not justify banning the activity across the country. Isolated cases must be investigated and corrected by the competent control bodies, without compromising the autonomy and revenue of other municipalities.
Read the document in full:
Conclusion and Appeal to the STF
At the end of its statement, ANALOME requests the STF to reject ADPF 1,212 and confirm that municipalities have the constitutional right to establish lotteries, as long as the general rules defined by the Union are observed. The entity attached to the process a legal opinion prepared by ANALOME’s legal director, Dr. Paulo Horn, which reinforces the importance of the debate for the future of municipal revenue and for the maintenance of essential public policies.
For Dr. Paulo Horn, defending the full constitutionality of municipalities’ competence to operate public lottery services is crucial. He argues that municipal autonomy, provided for in Article 30 of the Constitution, and the prohibition of unequal treatment between federated entities, are pillars to support the legality of municipal lotteries. The STF’s decision on ADPF 1,212 will have a significant impact on the preservation of federative autonomy and the essential revenue of municipalities.
We defend the full constitutionality of the competence of other federated entities to operate public lottery services. Our argument is based on municipal autonomy (Art. 30 of the Constitution), the prohibition of unequal treatment between federated entities and STF precedents that removed the federal monopoly. The municipal lottery is crucial for financing local public policies — and must be part of the control and inspection system together with the Union and States. We ask the STF to dismiss the action as unfounded, preserving federative autonomy and essential revenue from municipalities.
| Date | Event | Description |
|---|---|---|
| October 10, 2023 | Protocol at the STF | ANALOME files a technical document with the STF on ADPF 1.212. |
| 2020 | STF decision | STF decides that States and DF can explore lotteries, respecting national standards. |
| Promulgation of the Constitution | Article 30 | It guarantees administrative and financial autonomy to municipalities. |
Source: mediabet.com.br
Fonte: Gaming365 – Brasil
