The president of the STJ, Minister Herman Benjamin, denied the preliminary injunction request from a company seeking inclusion in the list of operators authorized to explore fixed-odds betting in Brazil. As a result, the brands Puskas Bet, Shelbybet, and Foot.Bet remain prohibited from operating in the national market.
The company Puskas Bet Sports Betting Administrator, operator of the three brands, filed a writ of mandamus claiming that its request for authorization to the Ministry of Finance was archived due to non-payment of the grant amount, set at R$ 30 million by law 14.790/23.
For the company, this charge would be disproportionate and would violate its right to explore economic activity.
The defense also pointed out that the ordinance SPA/MF 1.475/24 establishes criteria such as the absence of illicit activities, national interest, and collective protection, without mentioning the need for prior payment.
It also argued that the requirement would constitute a market reserve and would have negative social and economic consequences.
Insufficient evidence
In deciding, Minister Herman Benjamin highlighted the absence of fundamental documents, such as the application receipt to the Ministry of Finance and the archiving decision.
"This lack hampers the analysis of the STJ's competence, as it is not known whether the archiving was determined by the Minister of Finance, in addition to raising doubts about the decadential period for challenging", he explained.
The minister also refuted the allegation of illegality, stating that the grant value is provided for in law 14.790/23, a norm hierarchically superior to the cited ordinance.
"Even if it were possible to overcome the absence of minimal evidentiary support, there is, in theory, no illegality, as the requirement has an express legal provision", he concluded.
The case will continue to proceed in the 1st section of the STJ, under the rapporteurship of Minister Benedito Gonçalves, after the start of the forensic year in February.
Source: Migalhas
