São Paulo requests to act as amicus curiae in a lawsuit regarding municipal lotteries before the Supreme Federal Court.
The State of São Paulo has filed a request to act as amicus curiae (friend of the court) in the Argument of Non-Compliance with Fundamental Precept (ADPF) 1212, which questions the constitutionality of municipal laws on lotteries and betting. The request was formalized this Wednesday (12) with the Supreme Federal Court (STF), where the action brought by the Solidarity party against rules that establish lottery services in several Brazilian municipalities is being processed.
The petition, addressed to Minister Nunes Marques, the case's rapporteur, argues that the issue has a direct impact on the country's federative organization and the constitutional distribution of powers among the federated entities.
At the heart of the controversy is the discussion over who has the authority to operate lottery services in Brazil. The Solidarity party, which filed the ADPF (Arguição de Descumprimento de Preceito Fundamental – Claim of Non-Compliance with a Fundamental Precept), argues that the creation of lotteries by municipalities represents an usurpation of the Union's exclusive legislative competence to legislate on consortium and lottery systems, as established in Article 22, item XX, of the Federal Constitution.
The lawsuit argues that articles 30 (sections I and II) and 19 (section III) of the Brazilian Constitution do not authorize local entities to act on matters of a national nature. The party also argues that there are violations of the principles of free competition, since the unregulated operation of lotteries by municipalities would favor the arbitrary increase of profits, as foreseen in article 173, §4 of the Constitution.
Among the municipal regulations being challenged are the laws of São Paulo/SP (Law No. 18.172/2024), Belo Horizonte/MG (Law No. 11.549/2023), Foz do Iguaçu/PR (Law No. 5.275/2023), and Guarulhos/SP (Law No. 7.912/2021). Also targeted by the action are the Complementary Laws of Campinas/SP (LC No. 478/2024), Anápolis/GO (LC No. 535/2023), and Miguel Pereira/RJ (LC No. 414/2024), as well as Municipal Decree 21.849/2023 of Porto Alegre/RS.
The State of São Paulo argues that residual constitutional jurisdiction is exclusively reserved for the States, with municipal jurisdiction expressly limited to matters of local interest. The São Paulo Attorney General's Office asserts that the operation of lottery services, by its very nature, transcends the territorial boundaries of a single municipality.
This understanding was reinforced by Federal Law No. 14.790/2023, which introduced Chapter VA into Law No. 13.756/2018, regulating the operation of lotteries by the States and the Federal District in an express and exclusive manner. Article 35-A of this legal instrument clearly delimits the competence of these entities, without any mention of municipalities.
The São Paulo state government has a consolidated structure for operating lotteries, as per State Law 17.386/2021, and argues that it has a direct legal interest in the matter. According to the petition presented to the Supreme Federal Court (STF), the proliferation of municipal laws on the subject would compromise the legal certainty and competitive balance of the lottery sector in the state.
Recently, São Paulo held a bidding process for the concession of state lottery public services, with the contract signing scheduled for the end of 2025. The São Paulo Partnerships and Investments Program structured the project, which includes the provision of lottery services throughout the state.
Unconstitutionality of municipal legislation
Regarding the merits of the case, the Solidarity party requests that the Supreme Federal Court declare the unconstitutionality of all the questioned municipal regulations and establish a legal precedent preventing municipalities from enacting laws to institute lotteries, raffles, or betting systems within their territories.
Minister Nunes Marques has already accepted the State of Maranhão as amicus curiae in the same ADPF (Arguição de Descumprimento de Preceito Fundamental - Claim of Non-Compliance with a Fundamental Precept) filed by the Solidarity party. 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.
In the petition presented to the Supreme Federal Court (STF), Maranhão contested 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," argued the document presented by the state of Maranhão.
The minister 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 met the criteria established by the jurisprudence of the Supreme Federal Court for this type of procedural participation.
In addition to Maranhão, 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 State of Paraná and the Paraná State Lottery (Lottopar) have 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.
In the petition, the residents of Paraná requested "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.
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.
Petition from the Attorney General's Office of the State of São Paulo
