The Court of Justice of São Paulo has ordered the seizure of funds from a gambler deposited in ten active accounts in betting sites to pay a debt to Santander. The case involves the owner of a transport company who owed R$ 719 to the bank, a debt that had been pursued for three years. To execute the sentence, the TJ found that the businessman had balances on betting sites and ordered the blocking of the funds.
According to the process, the search for available funds in the accounts was only possible because the betting houses were regulated by the government. The businessman appealed and a decision has not yet been made.
According to experts, the account blocking in bets sets a precedent because, like current accounts in banks, brokerages, and real estate, the Judiciary begins to consider bets as another source of resources.
For lawyer Sérgio Pelcerman, a partner in the labor area of Almeida Prado Hoffmann Lawyers, as the regulation of bets progresses in the country, more creditors should include in their requests the blocking of betting accounts.
"What should happen already next year is that the databases of the bets will be included in the search system of the Judiciary and any amount invested, or that indicates some type of profit, will directly result in an execution", says Pelcerman.
Source: Folha
The Supreme Federal Court (STF) reaffirmed the understanding that the exploitation of lotteries by private agents depends on state authorization preceded by a bidding process. The unanimous decision was made in the judgment of the Extraordinary Appeal (RE) 1498128. The STF had already decided on the matter, but now it was judged under the system of general repercussion. Thus, it must be applied to all similar cases in progress in the Justice.
The judged case concerns a company in Fortaleza that intended to explore lottery activities similar to those known as “Loteria dos Sonhos”, a product offered by the State Lottery of Ceará (Lotece).
The request was initially granted by the 11th State Public Finance Court. However, the Recourse Panel accepted the state's appeal and denied the authorization, under the argument that the exercise of the lottery activity, being a public service, must be preceded by a bidding process.
At the STF, the company argued that third parties already exploit the service without prior bidding procedure and that the requirement of a bid in its case would establish unequal treatment.
Upon analyzing the appeal, Minister Luís Roberto Barroso emphasized that the STF, in the judgment of the Fundamental Precept Non-Compliance Claims (ADPFs) 492 and 493, affirmed the nature of public service of lottery contests and, consequently, the requirement of a bid for its exploitation by private agents.
In the case at hand, Barroso stressed that the fact that there are private individuals operating the service without a bid does not change its nature as a public service. According to the minister, the State is the holder of this service and, therefore, it cannot be performed in a regime of free enterprise.
Thesis
The general repercussion thesis established was the following:
“The execution of the public service of lottery by private agents depends on state delegation preceded by a bid”.
Source: GMB
CEF launched Instantânea, a new betting modality of CAIXA Loterias, this Monday (14), at Espaço da Sorte, in São Paulo. With a prize range from R$ 2.50 to R$ 2 million, it is the game with the most chances for the bettor to win, with a 65% payout. Sales at lottery units begin on November 2, and tickets will cost from R$ 2.50 to R$ 20.
The modality has already been marketed by Caixa with great success and now returns with a new look and more prizes. Part of the collection from the bets will be allocated to social transfers, contributing to essential areas for the country's development, such as culture, sports, security, and social security.
In addition to providing attractive prizes to bettors, Instantânea, like all games of CAIXA Loterias, fulfills an important social function.
“Caixa is resuming the commercialization of a product present worldwide. The scratch card was a success in Brazil until the year 2015 and today we reassume the commercialization of this product accessible to all, with the responsibility of management by the Lotteries, which, since the 1960s, until today, has the great vocation of distributing, not just the gross prize, but also values related to public policies", explained Carlos Vieira, president of Caixa.
“It is an important step that we are taking to resume this product for the Brazilian market", he added.
The expectation is to collect about R$ 2.9 billion by 2026, the period in which Caixa will explore the scratch card.
The creation of Instantânea is supported by Law 13.155/2015, which established the Exclusive Instant Lottery, and by Decree 11.675/2023, which regulated its commercialization.
For now, the tickets are physical, but soon a digital version should be launched, where it will be possible to bet by cell phone, said the president-director of CAIXA Loterias, Lucíola Aor Vasconcelos.
“We have been working for a long time on the project to bring emotional memory to everyone, without neglecting social responsibility and concern with responsible gaming,” said Lucíola Vasconcelos, adding that the 'pay out' of the scratch card is 65%, the highest of Caixa. That is, one in every three tickets will be awarded.
How to bet
To play, the bettor just needs to purchase the ticket at a lottery unit, scratch the game area, and check if they have won according to the instructions. The prize is immediate, and the amounts up to R$ 2,259, per ticket, can be redeemed at lottery units. Prizes above this amount must be withdrawn at Caixa branches.
One of the most attractive features of Instantânea is the probability of winning: on average, in each issuance of bets, one in every three tickets will be awarded. Prizes range from R$ 2.50 to R$ 2 million. Each issuance details this information on the back of the tickets.
Bets cost from R$ 2.50 to R$ 20. The prints of the tickets will have varied themes and for the launch, the themes Lucky Clover, Just Gold, Wheel of Fortune, Treasure Hunt, and VIP will be used.
Source: GMB
