Congress enacts the Lottery Agents' Constitutional Amendment, which guarantees the extension of contracts.
The National Congress enacted this Wednesday (5) the Proposed Amendment to the Constitution (PEC) 43/2022, the so-called Lottery PEC, now transformed into Constitutional Amendment 129. The PEC grants an additional term of validity to current contracts of all lottery agents with Caixa Econômica Federal. More than 70 lottery agents should benefit, guaranteeing the continuity of the provision of banking services throughout the country.
The president of the Congress and the Federal Senate, Senator Rodrigo Pacheco, presided over the solemn session. Pacheco stated that there was a scenario of legal uncertainty in the sector—which, according to him, plays a relevant social role for the country, contributing to socioeconomic development.
— Lottery networks, by reaching small municipalities, are fundamental for the maintenance of public policies, with a strong role as a paying agent for federal government social programs, such as Bolsa Família. They also reach the population that does not have a bank account, offering bill payment services and financial credit — said Pacheco, who also acknowledged the effort of everyone involved in the approval of the PEC.
The legal uncertainty stems from Law 8.987 of 1995, which deals with the concession and permission regime for the provision of public services as stipulated in the Constitution and determined the termination of lottery concessions granted without bidding. However, Law 13.177 of 2015 conferred a validity of 20 years, counted from 2013, to lottery service contracts granted for an indefinite period. Nevertheless, this measure has been challenged by the Attorney General's Office (PGR), which filed a direct action of unconstitutionality with the Supreme Federal Court (STF).
In the Chamber of Deputies, the PEC (Proposed Constitutional Amendment) was processed under number 1.421/2015 and was approved in December 2022. In the Federal Senate, it received number 43/2022 and was approved in June, reported by Senator Ciro Nogueira (PP-PI).
"I pay tribute here to all 70 lottery agents in the country, to their employees, to their families, and I say that today it is a great source of pride for us to be witnessing the enactment of this Constitutional Amendment," said Ciro Nogueira, celebrating the unity of parliamentarians in approving the proposal which, according to him, brought justice to the category.
Representative Fausto Pinato (PP-SP), the first signatory of the PEC, said that lottery operators provide a great social service.
— It is through them that in our country, often in places where banks cannot reach, in favelas, often in villages, without closing hours, they serve the poor, the rich, the able-bodied, the disabled, with great skill, with great respect, providing a great social and economic service.
Representative Weliton Prado (Solidariedade-MG), president of the Parliamentary Front for Lottery Operators, emphasized that the enactment of the Constitutional Amendment is the result of years of struggle and resolves the legal uncertainty faced by the category.
— There are more than 13,3 locations where lottery agents are located, more than 70 jobs, and more than 100 million people pass through a Caixa Econômica Federal branch every month.
Also present at the head table for the solemn session were Senators Rogério Carvalho (PT-SE), First Secretary of the Senate; Senator Weverton (PDT-MA), Second Secretary; and Jodismar Amaro, President of the Brazilian Federation of Lottery Companies (Febralot).
Beneficiaries
The text benefits both lottery agents operating under a permit system (who won bids organized by Caixa Econômica Federal) and those who were merely accredited.
The group of accredited entities includes 6.310 lottery agents with contracts predating the 1988 Constitution, who did not go through a bidding process. These are individuals or legal entities that received accreditation only to act as resellers of lottery tickets, a practice permitted at the time. ( Senate Agency )
