Paraná and Lottopar request an injunction from the Supreme Federal Court to restrict municipal lotteries beyond their territories.

The State of Paraná and the Paraná State Lottery (Lottopar) submitted a supplementary petition to the Supreme Federal Court (STF) requesting the granting of a preliminary injunction in ADPF 1212. The document was filed this Monday (10) and signed by the Attorney General of the State of Paraná.

The statement reinforces previous arguments presented by the entities, which are already acting in the process as amici curiae (friends of the court), a status recognized by the Supreme Federal Court.

“They reiterate their request that the preliminary injunction sought in the initial petition be granted or, at least, and for the reasons set forth in their previous petition, that a preliminary injunction be granted to prevent the Municipalities from operating lotteries beyond their territorial limits, so as to require the Municipalities to prevent IPs located outside these limits from placing online bets on their lotteries; They request that the action be deemed admissible,” the Paraná residents ask.

Territorial restriction for municipal lotteries

In the petition, the State of Paraná and Lottopar primarily request the granting of the preliminary injunction sought in the initial petition. Alternatively, they present a specific request to prevent municipalities from operating lottery services beyond their territorial limits.

This alternative request seeks to compel municipalities to implement technical measures that prevent online betting on their lotteries from IP addresses located outside their territories, thus establishing geographical restrictions for the operation of these lotteries.

The document complements a previous petition and aims to contribute to the formation of the Supreme Court justices' conviction regarding the case under analysis, presenting new legal arguments related to the issue being judged.

In the conclusion of the petition, the Paraná residents formally requested that the action be deemed admissible by the Supreme Court. The case now awaits analysis and decision by the court, which will evaluate the arguments presented by the State of Paraná and Lottopar, as well as the statements from the other parties involved in the process.

Context of ADPF 1212 and new participants

The issue is being discussed within the scope of the Argument of Non-Compliance with Fundamental Precept (ADPF) 1212, proposed by the Solidarity party, which questions the competence of municipalities to legislate on lottery services. In October of this year, Minister Nunes Marques, rapporteur of the process, granted the participation of the states of Santa Catarina, Espírito Santo, Rondônia and the National Association for the Legal Security of Games and Bets (Anseja) as amicus curiae.

This decision broadens the debate on the constitutionality of municipal laws that authorize the creation of lotteries and betting systems. 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 in the same process.

Arguments from new participants

The State of Santa Catarina argued that several municipalities in Santa Catarina have created lotteries in violation of Supreme Federal Court precedents, maintaining that there is no local interest that justifies municipal action in this area. The State of Rondônia, on the other hand, emphasized the relevance of the matter under discussion and its economic, social, and legal repercussions, highlighting its technical expertise and role in regulating fixed-odds betting through the State Finance Secretariat.

The state of Espírito Santo, in turn, stated that it has a legal interest and the capacity to contribute to the discussion, expressing its support for the original request in the lawsuit. Anseja highlighted its national representation, technical expertise, and role in promoting legality in the gaming and betting sector.

Institutional requests and statements

In the lawsuit, the Solidarity party requests that all municipal laws and decrees establishing lottery or betting systems be temporarily suspended (by preliminary injunction) until the Supreme Federal Court (STF) rules on the merits of their unconstitutionality. The party argues that these local rules infringe upon the exclusive competence of the Federal Government to legislate on the subject, with the aim of increasing its revenues "at any cost."

The Attorney General of the Republic, Paulo Gonet Branco, expressed his opinion in October in favor of the request in ADPF 1212. The Attorney General's Office of the Union – AGU also took a favorable position on the request, arguing that the operation of lotteries cannot be understood as a matter of "local interest," highlighting the complexity of the matter.

The Solidarity party alleges that there is an "unregulated proliferation of municipal lotteries" without proper oversight from the Ministry of Finance. One of their central arguments is that the Supreme Federal Court, while ruling that states can operate lottery services within their territories, did not extend this authorization to municipalities.