STF decision and the role of São Paulo
THE Federal Supreme Court (STF) took a significant step by accepting the State of São Paulo as amicus curiae in the Claim of Non-Compliance with a Fundamental Precept (ADPF) 1,212. This legal action questions the constitutionality of municipal rules that allow the creation of lotteries. The decision was made by minister Nunes Marques on Monday, the 24th, and represents a milestone in the debate on legislative competence in relation to gambling in Brazil.
The process was initiated by the Solidariedade party, which challenges the legality of municipalities establishing their own lottery and betting systems. The inclusion of São Paulo as amicus curiae was granted after the state demonstrated that it meets the necessary requirements to act as a ‘friend of the court’. Minister Nunes Marques highlighted the importance of the topic and the representativeness of the State of São Paulo in the context of the action.
Arguments from São Paulo
In the petition presented to the STF, the government of São Paulo argues that the lottery is a public service whose legislative competence is exclusive to the Union. The document emphasizes that article 35-A of Law 14,790/2023 authorizes only the States and the Federal District to explore lottery activities, without mentioning any permission for municipalities.
The State of São Paulo argues that the issue goes beyond local interest, as allowing municipalities to legislate on lotteries could lead to regulatory fragmentation. This, in turn, would affect legal security and balance in the sector, creating an environment of uncertainty and possible conflicts of competence.
Other holdings in ADPF 1,212
In addition to São Paulo, the State of Maranhão was also accepted as amicus curiae in the same ADPF, in a decision published on November 10, 2025. The Maranhão government presented a petition to the STF, arguing that federal legislation exclusively grants the states and the Federal District the prerogative to operate lottery services.
Maranhão disputes the classification of lotteries as a matter of local interest, which would make it impossible for municipalities to act in this sector. The state requested that the original request for the action be dismissed, reinforcing that the lottery is a public service under the exclusive legislative competence of the Union.
Other states and entities involved
ADPF 1,212 has attracted the attention of several states and entities. In October, minister Nunes Marques granted the participation of the states of Santa Catarina, Espírito Santo, Rondônia and the National Association for the Legal Security of Games and Bets (Anseja). Previously, in August, the National Association of Municipal and State Lotteries (ANALOME)the National Gaming and Lottery Association (ANJL)the National Confederation of Services (CNS) and the State of Paraná were also admitted as amici curiae.
The State of Paraná and the Lottery of the State of Paraná (Lottopar) presented a supplementary petition to the STF, requesting the granting of an injunction in ADPF 1212. The document, filed on June 10, was signed by the Attorney General of the State of Paraná, reinforcing previous arguments presented by the entities. In the petition, the people from Paraná ask for an injunction to be granted to prevent municipalities from exploring lotteries beyond their territorial limits.
Position of the Attorney General of the Republic and the AGU
The Attorney General of the Republic, Paulo Gonet Branco, expressed his opinion in October in support of the request in ADPF 1212. This position is shared by the Attorney General’s Office (AGU), which argues that the exploitation of lotteries cannot be seen as a topic of ‘local interest’. The AGU highlights the complexity of the matter and the need for uniform regulation to avoid conflicts and guarantee legal certainty.
The Solidariedade party, author of the action, claims that there is an ‘unruly proliferation of municipal lotteries’ without due control by the Ministry of Finance. The party argues that the STF, when deciding on the possibility of States operating lottery services in their territories, did not extend this authorization to municipalities, which reinforces the need for judicial intervention to clarify the issue.
The pluralization of actors in constitutional jurisdiction contributes to collaboration with justice.
| State/Entity | Status in ADPF 1.212 |
|---|---|
| São Paulo | Amicus curiae |
| Maranhão | Amicus curiae |
| Santa Catarina | Amicus curiae |
| Holy Spirit | Amicus curiae |
| Rondônia | Amicus curiae |
| ANGELA | Amicus curiae |
| ANALOME | Amicus curiae |
| ANJL | Amicus curiae |
| CNS | Amicus curiae |
| Paraná | Amicus curiae |
Source: bnldata.com.br
Fonte: Gaming365 – Brasil
