The rejection of the appeal by the Attorney General's Office determines that companies operating under the accreditation of Loterj can continue their activities without the need for approval from federal bodies.
Brazil.- The Sixth Chamber of the Federal Regional Court of the 1st Region (TRF1) rejected an appeal from the Attorney General's Office (AGU) and maintained the suspension of the Ministry of Finance's ordinances that established mandatory accreditation of sports betting companies before the Union. The decision benefits the Rio de Janeiro State Lottery (Loterj), which regulated the sector's operations in April 2023.
Through this ruling, companies operating under the accreditation of Loterj can continue their activities according to the rules set by the state authority's "Accreditation Notice", without the need for approval from federal bodies.
Furthermore, the suspension of the ordinances reinforces Loterj's autonomy in regulating the sector in the state of Rio de Janeiro and generates uncertainty about the scope of the jurisprudence and the possible effect it may have on the attitude taken by other state lotteries.
The Ministry of Finance issued the ordinances as part of a national regulatory policy for the sports betting sector, including accreditation requirements and supervision by the federal government. However, Loterj challenged the measure, arguing that it has authority to regulate lottery activities within the state.
See also: Loterj against the Brazilian government: the entity from Rio presented a Public Civil Action to suspend the listing of authorized companies
In recent months, the Ministry of Finance's Secretariat of Prizes and Betting published several ordinances that imposed the exploration of this commercial activity exclusively by legal entities that received prior authorization from the body, without excepting the condition of the Rio municipality. Moreover, the Ministry's Secretariat ordered Loterj to change its notice, violating the state autonomy for the exploration and regulation of lotteries already confirmed by the Supreme Federal Court.
