The fundamentals of the ruling by the official of the Supreme Federal Court, André Mendonça, which triggered a new judicial dispute between the federal government and the state government of Rio.
Brazil.- The minister of the Supreme Federal Court (STF), André Mendonça, rejected the appeal of the Rio de Janeiro State Lottery (Loterj) against the suspension of its services outside the territory of Rio de Janeiro. In a statement of embargo presented to the Court, the carioca entity argued that the decision, issued by Mendonça the previous day, was silent, with “obscurities and material errors” and requested the suspension of its effects.
In the refusal, Mendonça says that “there is no defect to correct” and that the appeal of Loterj was filed due to “mere non-compliance with the decision embargoed”. The minister also declares that the decision did not impose the use of geolocation on the lottery, but it is based on article 35-A of Law 13.756/2018, a norm that limits the exploration of lottery activities by the states within their own territories.
According to Mendonça, the criterion defended by Loterj allows people from other states and countries to participate in the lottery if they declare themselves residents or located in Rio de Janeiro, violating the competences of the Union and the mentioned legislation.
See also: The IBJR was in favor of suspending the operation of betting platforms licensed by Loterj
The minister also points out that there was a misunderstanding regarding the suspension of the rectification of the notice that allowed betting operators from other states to accredit themselves before Loterj. In the appeal, the lottery argued that the document, disseminated in April 2023, did not contradict the legislation in force at that time.
Mendonça, however, says that, as already pointed out in the decision, the violation of the law originates from the rectification of the notification, presented in July of the same year, and not in the original version of the document. In the modified notice, the requirement of location control is excluded.
From there, Loterj understands that “players/bettors access the platforms of the accredited companies and, although they are not physically in Rio de Janeiro, they accept (declare to agree) that their bets are considered made in the state, since they use a platform accredited by Loterj”.
