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Our team has been working for more than 17 years on behalf of State Lotteries and defends the business sector that invests in the exploration of legal gambling games in Brazil.
The performance of its legal body within the scope of the Federal Supreme Court has been fundamental for the defence of the expansion of the powers of the states and contributed, in an indelible way, to the legal security and maintenance of State Lotteries in Brazil.
Our specialists worked actively and formally in the Federal Senate and Chamber of Deputies, during the process of legalization projects for “Fixed Quota Betting”, provided for in article 29 of Federal Law No. 13.756, achieving success in 2018.
In Brazil, in addition to the Union, State and Federal District Lotteries, betting on horse races is legalised through the Ministry of Agriculture, the charity draws through the Ministry of Economy and there is no for the so called “sports of the mind”, like the Poker tournaments.
One of our team’s main highlights of the performance occurred in the judgment of actions that were processed in the Federal Supreme Court, between the years 2006 and 2020. The performance resulted in the declaration of invalidity of art. 1, 32, caput and § 1 of Decree-Law no. 204/1967, which supported the intended monopoly of the Union for the institution of Lottery. The decision rendered within the scope of that Court gave full legal certainty for the opening and strengthening of Lotteries in the 26 states of the federation and in the Federal District. This service was preceded by the actions at ADI No. 2.996/Santa Catarina, No. 3.277/Paraíba, ADPF No. 128 and No. 147/ABLE and Claim for Nullity of the Binding Precedent No. 02 of the STF.
The thesis defended in the process, which lasted more than a decade, resulted in the publication of several articles and the Livro Direito das Loterias no Brasil, authored by lawyer Roberto Carvalho Brasil Fernandes, published by the publisher Fórum, in 2020.
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