The audience for the bets at the STF will take place over two days and has been divided into four blocks.

The public hearing was decided due to a Direct Action of Unconstitutionality (ADI) presented by the National Confederation of Commerce of Goods, Services and Tourism (CNC), which claims that the income of Brazilians is compromised by gaming, causing a reduction in the consumption of goods and services.

In light of this, the reporting minister Luiz Fux proposed the holding of a public hearing to hear members of the Public Power and civil society to contribute with technical and legal knowledge on issues related to bets. Among them, the minister lists mental health, economic effects, social consequences, money laundering and other crimes, taxation, advertising, sector transparency, and the property rights of bettors.

In his order to adjust the agenda of participants, Luiz Fux explained that the email inbox opened for the ADI “received more than 100 (one hundred) registration requests for participation in the public hearing, among representatives of public and private institutions, lawyers, academics, and liberal professionals”.

The minister continues:

“Despite the potential contribution that each of the applicants may offer to the debates, time and space limitations prevent the approval of all requests. The selection of participants followed the criteria of representativeness, technical specialization, expertise, and diversity of opinions, with parity of viewpoints to be defended”.

The public hearing will be held on November 11, 2024, from 10 am to 6 pm, and on November 12, 2024, from 10 am to 12 pm, in the session room of the 1st Panel of the Supreme Federal Court. The qualified speakers may send contributions in digital format, in the form of written memorials, until 6 pm on November 4, 2024, via email adi7721@stf.jus.br.

All memorials will be made electronically available in the records of the ADI. In addition, during the presentation, the qualified speakers may display audiovisual resources, provided they refer to empirical elements, quantitative data, graphs, animations, videos, and other related pedagogical tools. The corresponding files should be sent to the same email. Luiz Fux informs in his order that these files will not be attached to the records.

Methodology

“The public hearings will follow a methodology that stimulates debate among the various technical and legal viewpoints, as well as among the various institutional representations. It is intended, thus, to achieve a global, multifaceted, and contextual perspective of the points under discussion, which will allow the Supreme Federal Court to timely delve into the wide spectrum of arguments that underline the constitutional issues in debate”, says the magistrate.

“In this mission, the public hearings serve two purposes: first, to provide the Court with technical-scientific information on the issues under analysis; second, to ensure that this information is exhaustively debated, tested, and questioned by the participating actors. The diversity of perspectives and institutional views favors this dialectic and enriches the discussion through respectful interlocution among its participants. This methodology allows not only for the best arguments to gain prominence throughout the debates but also for the Supreme Federal Court and society to acquire an analytical perspective of the theoretical premises that underline each of them”, defined the minister.

“Therefore, in the eagerness to maximize the usefulness of the public hearings, it is expected that the qualified speakers act dialogically, considering and debating the arguments presented by their peers, as well as avoiding unnecessary repetition of grounds and information. It is also expected that the speakers present objective, concise, consistent argumentation, supported by data from reality and scientific evidence collected with rigorous methodology, avoiding merely generic, abstract speeches, or replicating arguments already sustained by the parties in the records”.

Program of the public hearings

The two hearings will be presided over by the reporting minister and the invited authorities and qualified actors will have their presentations organized in blocks, with each participant having ten minutes for their presentation.

The hearings were thus divided:

November 11

10 to 10:30 am – Opening table

10:30 am – 12 pm – Block I

1. National Confederation of Commerce of Goods, Services and Tourism (CNC): Dr. Felipe De Sa Tavares and Dr. Fabio Gomes Morand Bentes;

2. Solidarity: President Paulo Pereira da Silva;

3. Court of Accounts of the Union: President Bruno Dantas;

4. Attorney General's Office: Dr. Nathália Geraldo de Santi;

5. Ministry of Human Rights: Minister Macaé Evaristo;

6. Ministry of Finance: Dr. Regis Anderson Dudena;

7. Ministry of Racial Equality: Dr. Ana Míria dos Santos Carvalho Carinhanha;

8. Ministry of Health: Minister Nísia Trindade Lima and Dr. Gabriella de Andrade Boska;

9. Ministry of Social Development and Fight Against Hunger: Dr. André Quintão Silva, Dr. Clara Carolina de Sá, Dr. Maria Helena Gabarra Osório and Dr. Eliane Aquino Custódio.

2 pm to 6 pm: Block II

1. Central Bank of Brazil: Dr. Rogério Antônio Lucca;

2. National Secretariat for Sports Betting and Economic Development of the Ministry of Sports: Dr. Giovanni Rocco Neto;

3. Department of Asset Recovery and International Legal Cooperation of the Ministry of Justice and Public Security (DRCI): Dr. Bernardo Antônio Machado Mota;

4. Secretariat of Digital Rights of the Ministry of Justice and Public Security: Dr. Lílian Manoela Monteiro Cintra de Melo;

5. Financial Activities Control Council (COAF): Dr. Rafael Bezerra Ximenes de Vasconcelos;

6. Public Defender's Office of the Union (DPU): Dr. Leonardo Cardoso de Magalhães;

7. Federal Council of the Order of Lawyers of Brazil (CFOAB): Dr. Daniel Corrêa Homem de Carvalho;

8. State Lottery of Rio de Janeiro (LOTERJ): Dr. Hazenclever Lopes Cançado;

9. State Lottery of Paraná (LOTTOPAR): Dr. Rafael Halila Neves and Dr. Pablo Augusto Wosniacki;

10. National Council for Self-Regulation in Advertising (CONAR): Dr. Juliana Nakata Albuquerque;

11. Women's Group of Brazil: Dr. Andreia Schroder;

12. Educafro: Brother David Santos;

13. Brazilian Institute of Legal Gaming (IJL): President Magno José Santos de Sousa;

14. National Association of Games and Lotteries (ANJL): Dr. Pietro Cardia Lorenzoni;

15. Brazilian Institute of Responsible Gaming (IBJR): Dr. Celso Cintra Mori;

16. Brazilian Association of Psychiatry (ABP): Dr. Antônio Geraldo da Silva and Dr. Hermano Tavares;

17. International Gaming Association (AIGAMING): Dr. Waldir Eustáquio Marques Júnior and Dr. Márcio Borges Malta;

18. Brazilian Federation of Banks (FEBRABAN): Dr. Isaac Sidney Menezes Ferreira;

19. Foreign expert: Dr. Birgitte Sand;

20. Foreign expert: Dr. Carlos Hernández Rivera;

21. Alana Institute: speaker pending indication;

22. Economic Regulation Laboratory of the Law School of the State University of Rio de Janeiro (UERJ Reg.): Dr. Andréa Magalhães, Dr. André Ribeiro Tosta, Dr. Carina de Castro Quirino, Dr. José Vicente Santos de Mendonça and Dr. Rodrigo Grieco Penna;

23. Rectorate of Zumbi dos Palmares University: Rector Dr. José Vicente;

24. Laboratory of Law of New Technologies and Disruptive Business Models of USP (NPD TechLab): Dr. Isadora Valadares Assunção and Dr. Pedro Henrique Figueiredo Soares.

November 12

10 am to 12 pm: Single Block

1. National Academy of Sports Law (ANDD): Dr. Terence Zveiter and Dr. Paulo Sergio Feuz;

2. Professor from the PPGD of the University of Fortaleza (UNIFOR): Dr. Eduardo Rocha Dias;

3. Brazilian Institute for the Study of Business and Tax Law (IBEDET): Dr. Leonardo Ribeiro Pessoa;

4. Brazilian Institute for Consumer Defense (IDEC): Dr. Walter José Faiad de Moura;

5. Intersindical Department of Statistics and Socioeconomic Studies (DIEESE): Dr. Adriana Márcia Marcolino;

6. Institute for Retail Development (IDV): speaker pending indication;

7. National Association of Retirees, People with Disabilities, the Elderly, Pensioners and the Insured of Social Security (ANADIPS): Dr. Maria Luiza F. de Almeida Neri;

8. Brazilian Association of Criminal Lawyers (Abracrim): Dr. Maíra Fernandes;

9. Brazilian Association of Radio and Television Broadcasters (ABERT): Dr. Gustavo Binenbojm;

10. Fluminense Football Club: speaker pending indication;

11. S.A.F. Botafogo: speaker pending indication; 12. Cruzeiro Esporte Clube S.A.F.: speaker pending indication.

Available on TV Justiça and institutional channels of the STF

The hearings are public, so no prior registration is necessary for citizens who wish to attend, whether in person or through TV Justiça, Rádio Justiça, or the institutional channels on YouTube. The transmission signal of the events is also made available to interested broadcasters.

Due to physical space limitations, only the above-qualified speakers have reserved seats to attend the hearings on the designated days.

Source: GMB