Fachin calls for extraordinary virtual session for the Supreme Court to ratify the suspension of municipal lotteries throughout the country.
The Supreme Federal Court (STF) will hold an extraordinary virtual session to judge the suspension of municipal laws and decrees related to lotteries and sports betting. The decision was made by the Court's president, Minister Edson Fachin, this Wednesday (4). The trial will take place between December 5 and 6.
The extraordinary virtual session will analyze the precautionary measure granted by Minister Nunes Marques in the Argument of Non-Compliance with Fundamental Precept (ADPF) 1.212. Fachin granted the request of the reporting minister, considering the "justified exceptionality of the case".
The trial in Extraordinary Virtual Session will begin at midnight on Friday (5) and end at 23:59 pm on Saturday (6), as established in the presidential order, with lawyers and prosecutors being able to present oral arguments until 23:59 pm on 05/12/2025.
To convene the session, the president of the Supreme Federal Court based his decision on article 21-B, paragraph 4, of the Court's Internal Regulations and on article 5-B of Resolution No. 642/2019.
On Wednesday (4), Nunes Marques ordered the immediate suspension of all municipal laws and decrees that create, authorize or regulate lottery and sports betting services at the municipal level throughout the country. The preliminary injunction also ordered the shutdown of all lottery and betting activities already operating under municipal authorization, as well as the accreditation procedures related to these services.
The injunction was granted in response to ADPF 1212, filed by the Solidarity party, which alleges a proliferation of municipal lotteries in violation of the Union's exclusive competence to legislate on consortia and raffles. The action cites several municipal laws and decrees from different regions of the country that have allowed the operation of fixed-odds betting and the transfer of this activity to companies not authorized by the Secretariat of Prizes and Bets of the Ministry of Finance.
In his decision, Minister Nunes Marques highlighted that Federal Law 13.756/2018, which regulates lotteries, concentrates the oversight structure in the Union due to the national interest in this modality. The law authorizes the operation of lotteries by the states and the Federal District, within the limits of federal legislation, without including municipalities. According to the minister, the municipal competence to legislate on matters of local interest does not extend to lottery activities.
The rapporteur further argued that this "diffuse and fragmented system" promotes "a drastic weakening" of federal oversight and hinders the standardization of parameters, advertising rules, and mechanisms for protecting consumer rights and the health of users.
The decision establishes a daily fine of R$ 500 for municipalities and companies that continue to provide the service, and R$ 50 for mayors and presidents of accredited companies that maintain the operation of lottery activities.
The Supreme Court justices will decide whether or not to ratify the precautionary measure granted by Nunes Marques. The decision affects several Brazilian municipalities that have implemented or were implementing their own lottery and sports betting services.
