Nunes Marques accepts Maranhão as amicus curiae in lawsuit regarding municipal lotteries.
Minister Nunes Marques accepted the State of Maranhão as amicus curiae (friend of the court) in the Argument of Non-Compliance with Fundamental Precept filed by the Solidarity party against municipal regulations on lotteries and betting. The decision was published on November 10, 2025, after analysis of the request arguing that the operation of lotteries is the exclusive competence of the Union, states, and the Federal District.
The government of Maranhão formalized the request through a petition to the Supreme Federal Court (STF), highlighting that federal legislation, specifically article 35-A of Law 14.790/2023, grants states and the Federal District the prerogative to operate lottery services.
Legal argumentation
In the petition presented to the Supreme Federal Court (STF), Maranhão contests the classification of lotteries as a matter of local interest, which, according to the document, would make it impossible for municipalities to operate in this sector. The state requested that the original claim be dismissed.
"The lottery constitutes a public service under the exclusive legislative competence of the Union, which subsequently authorized states and the Federal District to operate this service," argues the document presented by the state.
Minister Nunes Marques based his decision on articles 6, paragraph 2, of Law 9.882/1999, and 7, paragraph 2, of Law 9.868/1999, which regulate the participation of third parties in actions to control constitutionality. According to the rapporteur, Maranhão meets the criteria established by the jurisprudence of the Supreme Federal Court (STF) for this type of procedural participation.
Among the requirements mentioned in the decision are the relevance of the topic, the representativeness of the applicant, and the connection between the applicant's institutional purposes and the subject matter of the action. The minister also highlighted the importance of pluralizing actors in constitutional jurisdiction as a way to collaborate with justice.
The ADPF (Arguição de Descumprimento de Preceito Fundamental - Claim of Non-Compliance with a Fundamental Precept) was originally proposed by the Solidarity party, questioning the constitutionality of municipal regulations related to the creation and operation of lotteries and betting systems. With the inclusion of the State of Maranhão as amicus curiae, the process gains new elements for the legal debate on the competence to legislate and operate lottery services in the country.
The official decision document received the digital signature of Minister Nunes Marques, in accordance with the authentication protocols established by Brazilian law for judicial documents.
Paraná and Lottopar request injunction to restrict municipal lotteries.
In this context, the State of Paraná and the Paraná State Lottery (Lottopar) filed a supplementary petition with the Supreme Federal Court (STF) requesting a preliminary injunction in ADPF 1212. The document was filed on June 10 and signed by the Attorney General of the State of Paraná, reinforcing previous arguments presented by the entities, which are already acting in the process as amici curiae.
In the petition, the residents of Paraná request "that the preliminary injunction sought in the initial petition be granted or, at least, that an injunction be granted to prevent the municipalities from operating lotteries beyond their territorial limits." The alternative request seeks to compel the municipalities to implement technical measures that prevent online betting on their lotteries from IP addresses located outside their territories.
In addition to Paraná, other states were also admitted as amici curiae in the process. In October, Minister Nunes Marques approved the participation of the states of Santa Catarina, Espírito Santo, Rondônia, and the National Association for the Legal Security of Games and Betting (Anseja). Previously, in August, the minister had already admitted the participation of the National Association of Municipal and State Lotteries (ANALOME), the National Association of Games and Lotteries (ANJL), the National Confederation of Services (CNS), and the State of Paraná.
The Attorney General of the Republic, Paulo Gonet Branco, expressed his opinion in October in favor of the request in ADPF 1212, a position also adopted by the Attorney General's Office, which argued that the operation of lotteries cannot be understood as a matter of "local interest," highlighting the complexity of the issue.
The Solidarity party, which filed the lawsuit, alleges that there is an "unregulated proliferation of municipal lotteries" without proper oversight from the Ministry of Finance, arguing that the Supreme Federal Court, in deciding that states can operate lottery services within their territories, did not extend this authorization to municipalities.
