Minister Cármen Lúcia interrupted, this Thursday (10), the trial in the Plenary of the Federal Supreme Court (STF) on the validity of two rules of the Bets Law. Consequently, the discussion was suspended again — as had already occurred in October 2023.
Cármen Lúcia requested to view the case files, postponing the decision on:
- The prohibition of the same economic group operating lotteries in more than one state.
- Restricting advertising of state lotteries to state residents only.
Before the interruption, five ministers had already voted unanimously for the unconstitutionality of the rules. Luiz Fux, the rapporteur of the case, was joined by Flávio Dino, Gilmar Mendes, Alexandre de Moraes and Dias Toffoli.
Context of the action and arguments of the rapporteur
The law, enacted in December 2023, is facing challenges from governors of São Paulo, Rio de Janeiro, Minas Gerais, Paraná, Mato Grosso do Sul, Acre and the Federal District. They argue that the rules:
- They reduce competitiveness in bidding processes.
- They benefit more populous or richer states, harming smaller ones.
- They violate free competition by limiting advertising strategies.
Paulo Gonet, the Attorney General of the Republic, defended the validity of the rules. However, Fux suspended the rules days before the lottery auction in São Paulo.
Luiz Fux said the restrictions are not based on Article 175 of the Constitution, which regulates concessions for public services. He stressed: “There is no reasonable justification for prohibiting concessions to an economic group in multiple states.”
Furthermore, Fux criticized the economic impact:
- Smaller states would be left with less qualified companies, increasing costs for consumers.
- The Union would benefit, as state lotteries could reduce the Federal Lottery’s revenue.
Regarding advertising, the minister asked: “Why can’t a state sponsor an athlete who competes in another territory?” He cited as an example actions in nationally broadcast sporting events.
Next steps
The judgment on the merits remains suspended, while Fux’s injunction remains valid, allowing states to ignore the contested rules. The analysis should return to the Plenary after Minister Cármen Lúcia has studied it.
You can read the votes of the STF ministers in full:
