Brazil's Supreme Court accepts São Paulo as amicus curiae in lawsuit regarding municipal lotteries.
The Supreme Federal Court (STF) accepted the State of São Paulo as amicus curiae in the Argument of Non-Compliance with Fundamental Precept (ADPF) 1.212, which questions the constitutionality of municipal regulations on lotteries. The decision was made by Minister Nunes Marques on Monday (24). The process, initiated by the Solidariedade party, challenges the legality of municipalities creating their own lottery and betting systems.
The rapporteur for the case granted the request submitted by São Paulo, acknowledging that the State meets the necessary requirements to act as an "amicus curiae." Marques considered the relevance of the topic and the representativeness of the federative entity in the case.
"The pluralization of actors in constitutional jurisdiction contributes to collaboration with justice," the minister highlighted in his reasoning.
In the petition, the São Paulo state government argues that lotteries are a public service under the exclusive legislative jurisdiction of the Federal Government. The document emphasizes that Article 35-A of Law 14.790/2023 authorizes only states and the Federal District to operate this activity, without mentioning municipalities.
The state argues that the issue transcends local interests. According to the statement, allowing municipalities to legislate on lotteries could cause regulatory fragmentation, affecting legal certainty and the balance of the sector.
The admission of the State of São Paulo as amicus curiae was based 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.
The São Paulo state government expressed support for the action proposed by Solidariedade. The decision was officially published on Tuesday (25) and signed by Minister Nunes Marques, rapporteur of the case at the STF.
Maranhão also accepted as amicus curiae
In a similar decision, published on November 10, 2025, Minister Nunes Marques also 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). The government of Maranhão formalized the request through a petition to the STF (Supreme Federal Court), highlighting that federal legislation grants states and the Federal District the prerogative to operate lottery services.
In the petition filed, 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.
Other states and entities in the process
In addition to São Paulo and 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 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.
Institutional positions
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.
