The Municipal Lottery of São Gonçalo (RJ) has a new chapter. This time, the Ministry of Treasury informed that the Brazilian Constitution does not allow the creation of municipal lotteries.
Approved by the City Council on the 26th, the project is a proposal by Mayor Captain Nelson. According to the measure, the objective of the initiative is to establish a public lottery service in the city, which could include prediction games, instant lotteries and even online games with cash prizes.
The operation of lotteries is only permitted by the Union, as stated in the Constitution, according to the ministry‘s note. “The Federal Constitution and Brazilian law only permit the operation of lotteries by the Union, nationally, by the states and by the Federal District, within the limits of their respective territories.”
City Hall Position
The City of São Gonçalo defended itself, also through a note, claiming that there is a decision by the Federal Supreme Court (STF), from 2020, authorizing the creation of municipal lotteries.
“The Union’s exclusivity refers only to the legislation for their operation. The practice has already been adopted by several municipalities in the country, with the aim of increasing revenue and investing resources in benefits for the population”, he concluded.
The São Gonçalo City Council had also already taken a position. According to it, the measure is in compliance with the rules established by Federal Law No. 13,756/2018 and Federal Law No. 14,790/2023.
Furthermore, it states that the service enables municipal revenue to be collected for investments in essential sectors such as education, health and social assistance.
Partnerships and fundraising
The bill from the of São Gonçalo City Hall proposes that the municipal lottery operate both physically and virtually, within the city limits. In addition, the service will be provided through concessions, permits, accreditations, bidding processes and other types of public-private partnerships.