The São Paulo City Council has filed an appeal in the Brazilian Supreme Court (STF) against Justice Kassio Nunes Marques’ decision that suspended Municipal Law 18,172/2024, which created the public lottery service in the capital.
The appeal was submitted on Thursday (01/22). It challenges the precautionary measure granted in the Argument of Non-compliance with the Fundamental Precept (ADPF) 1212 filed by the Solidariedade party which questioned the constitutional authority of municipalities to create and operate lottery services. The party argues that municipalities have no jurisdiction to legislate on lotteries and betting, as this violates the interests of the federal government.
The ADPF is a legal instrument in Brazil that allows individuals or entities to challenge actions or laws believed to violate constitutional principles or fundamental rights in the STF.
In its appeal the City Council says the law has been in effect since July 2024 and is already having regular impact in city government. Stopping it right away could disrupt public services, since lottery operations are part of those services.
The lawmakers propose that when the Supreme Federal Court finds a law or normative act unconstitutional in an ADPF, and citing legal certainty or exceptional social interest, it may, with a two-thirds vote, limit the effects of that declaration or specify that the ruling only takes effect from the final judgment or another fixed moment.
The City Council’s has requested that the appeal be heard and granted, with the reporting minister himself reconsidering the decision. Alternatively, it requests that the appeal be submitted to the Court’s Plenary.
In December the judge suspended all municipal laws authorizing lottery and sports betting. He also suspended ongoing bidding processes and the operation of already licensed services related to betting via municipal lotteries.
The decision also summoned the Secretariat of Prizes and Bets of the Ministry of Finance, Anatel (National Telecommunications Agency), and the National Association of Games and Lotteries to take the appropriate measures and actions.
The judge’s decision, of a preliminary nature, applies to all of the more than 5,500 municipalities in the country. Municipalities and companies that disregard the order will be subject to a daily fine of R$ 500,000 while mayors and presidents of accredited companies that maintain the operation of lottery activities will face a fine of R$ 50,000.
The judge determined that the establishment of these lotteries infringes upon the separation of powers outlined in the Constitution.
In his ruling, the judge noted that, in 2025 alone, 55 municipalities passed laws to create their own lotteries. Since the federal government regulated fixed-odds betting in December 2023, around 80 Brazilian municipalities have approved laws to create their own lotteries.
He warned that this trend could lead to “regulatory chaos” and disrupt the federal system. He also stressed that managing fixed-odds betting, lotteries, and online gaming necessitates “centralized regulation, strong oversight, and robust monitoring,” which becomes challenging when municipalities individually offer these services in a fragmented manner.
The post São Paulo City Council files against lottery ban appeared first on G3 Newswire.
The São Paulo City Council has filed an appeal in the Brazilian Supreme Court (STF) against Justice Kassio Nunes Marques’ decision that suspended Municipal Law 18,172/2024, which created the public lottery service in the capital. The appeal was submitted on Thursday (01/22). It challenges the precautionary measure granted in the Argument of Non-compliance with the…
The post São Paulo City Council files against lottery ban appeared first on G3 Newswire.