The minister of the Supreme Federal Court, Luis Fux, granted a protective measure and declared unconstitutional the advertising limitations proposed in Law 14.790.
Brazil.- Minister Luiz Fux, from the Supreme Federal Court (STF), suspended part of the new Sports Betting Law (14.790) that prohibits advertising of lottery services in more than one state. The decision came in response to a request from the São Paulo government, which requested a protective measure to suspend the rule, after the underlying judgment was suspended at the request of Minister Gilmar Mendes.
The governor of São Paulo, Tarcísio de Freitas, argued that the measure was urgent because the state has planned a tender for the concession of its lottery services for the upcoming Monday October 28, and for this, a firm judicial resolution regarding advertising was necessary.
Fux voted to declare unconstitutional the article of the law that allows advertising only in the state where the service is domiciled. The action was brought by the states of São Paulo, Minas Gerais, Acre, Mato Grosso do Sul, Rio de Janeiro, and the Federal District.
The governors stated that the law enacted last December, which amends parts of the 2018 law, restricts the same economic group from obtaining concessions to operate lottery services in more than one state. Additionally, it prohibits advertising in states where the lottery service is not operated.
See also: What the new bill presented in Brazil to regulate gambling advertising entails
Fux understood that the States have the competence to operate public lottery services and that the Union cannot establish differentiated treatment among the federative entities, “favoring certain States to the detriment of others or favoring itself to the detriment of the member States”.
