Flávio Dino requests that the hearing on the suspension of municipal lotteries be moved to an in-person session.
The Supreme Federal Court (STF) began the trial regarding the suspension of municipal legislation on lotteries and sports betting. The analysis began this Thursday (5) in an extraordinary virtual session that will extend until Friday (6). The court is evaluating the precautionary measure granted by Minister Nunes Marques in the Argument of Non-Compliance with Fundamental Precept (ADPF) 1.212.
The trial in Extraordinary Virtual Session began at midnight on Friday (5) and will 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.
The president of the Supreme Federal Court (STF), Justice Edson Fachin, authorized the extraordinary session following a request from the case's rapporteur, who alleged "justified exceptional circumstances of the case." Nunes Marques has already registered his vote, fully upholding his preliminary decision that suspended all municipal lottery operations.
Request for a separate hearing interrupts virtual trial.
Minister Flávio Dino requested a hearing to highlight the case, which automatically transfers the process to an in-person plenary session. As a result, the virtual analysis was interrupted, although the injunction remains valid until a new decision is made.
The request for a hearing can be made by any Justice of the Court, by the parties' lawyers, or by the Public Prosecutor's Office. When a Justice makes such a request, the Supreme Court's internal regulations stipulate that the case be removed from the virtual environment and sent for in-person judgment.
This procedure aims to provide a more in-depth discussion in a face-to-face collegial setting. Factors such as the complexity of the topic, the need to debate the effects of the decision, or significant disagreements among ministers generally motivate requests for a separate hearing.
For in-person trials, the process follows a specific procedure. After the case is highlighted, it is removed from the virtual session and restarted completely in the physical courtroom, with a new publication on the agenda. Votes previously recorded in the virtual environment are disregarded.
Although it may delay the final decision due to the need for inclusion on the physical plenary agenda, the mechanism seeks to ensure a more comprehensive analysis of complex or controversial cases, allowing for greater interaction among the justices.
Preliminary injunction suspends municipal lotteries.
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.
