On Monday (6), Supreme Federal Court (STF) Minister André Mendonça rejected the appeal from Loterj against the suspension of its services outside the state of Rio de Janeiro. In a declaration of clarification presented to the Court on Friday (3), the agency argued that the decision, given by Mendonça the previous day, was omissive, with "obscurities and material errors" and requested the suspension of its effects.
In the denial, Mendonça states that “there is no defect to be corrected” and that Loterj's appeal was filed due to “mere dissatisfaction with the contested decision”. The minister also declares that the decision did not impose the use of geolocation on the lottery, but that it is based on Article 35-A of Law 13.756/2018 - a norm that limits the exploitation of lottery activities by 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 self-declare as residents or located in Rio de Janeiro, violating the competencies of the Union and the mentioned legislation.
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 be accredited by Loterj. In the appeal, the lottery argued that the document, released in April 2023, did not contradict the legislation in force at the time.
However, Mendonça says that, as he had already pointed out in the decision, the infraction to the law originates from the rectification of the notice, presented in July of the same year, and not in the original version of the document. It is in the rectified notice that the requirement for location monitoring is excluded.
From it, Loterj understands that “players/bettors access the platforms of the accredited companies and, even if they are not physically in Rio de Janeiro, they accept (affirm that they agree) that their bets are considered to be made in the state, since they use a platform accredited by Loterj”.
André Mendonça is the rapporteur of the original civil action (ACO) 3696, filed by the federal government against Loterj. The Attorney General's Office (AGU) argues to the Court that the lottery invades federal competence by exploring lottery service throughout the national territory. On January 2, Mendonça accepted the request from the Union, in a precautionary decision, and restricted the operations of Loterj.
Source: GMB
