The company will be able to continue operating thanks to a precautionary measure.
Brazil.- The Federal District Federal Court accepted the judicial claim of Esportes da Sorte and issued a precautionary measure that allows the company to remain operational.
Last week, the Minister of the Supreme Federal Court (STF), André Mendonça, temporarily suspended the activities of betting companies authorized by Loterj. The decision left Esportes da Sorte out of the list of authorized betting companies to operate in Brazil.
Faced with this situation, the company turned to the courts to reverse this ruling and be able to continue active. The precautionary measure issued yesterday allows it to continue operating, although the underlying issue is yet to be defined.
According to the judicial decision, the SPA rejected the authorization request of Esportes da Sorte for an "alleged" practice of an illegal act, in violation of the regulations of the body. But according to the ruling, it is not reasonable for the company to be harmed if there has not yet been a conviction for the commission of an illicit act, thus prevailing the Principle of Presumption of Innocence.
Moreover, according to the judicial resolution, there are no other legal arguments to prevent Esportes da Sorte from continuing its operations. Therefore, protection was granted to revoke the decision that declared the disqualification of Esportes da Sorte and its administrators/legal representatives, and also to guarantee several rights of the company, such as that SPA refrains from creating an obstacle to the regular exercise of the activities of Esportes da Sorte until there is a criminal conviction.
See also: The IBJR was in favor of suspending the operation of betting platforms licensed by Loterj
The company issued a note stating that “it has already paid the grant and its website will soon transition to the new domain www.esportesdasorte.bet.br, in accordance with the normative instruction of the SPA/MF No. 11 for the use of the registry.”
