The action of the  National Association of Games and Lotteries (ANJL) had a significant impact by managing to overturn the injunction that blocked the activities of fixed-odd betting lotteries in the state of Rio de Janeiro.

This decision is crucial for the sector, as it allows the continuity of operations of the companies involved, at least until the situation is assessed in more detail.

Contextualization and details of the decision

The injunction that had been imposed provided for the suspension of the activities of companies that were operating online betting without accreditation from the Rio de Janeiro State Lottery (LOTERJ).

The National Telecommunications Agency (ANATEL) had been authorized to verify the operational legitimacy of these companies and to take the necessary measures if it found irregularities.

However, the ANJL filed a motion for clarification, alleging, among other things, an omission in the judgment on the period for companies to adapt in accordance with article 9 of Law 14,790/2023, in addition to questioning the due administrative process conducted by the state authority.

In response, Federal Judge Pablo Zuniga Dourado revised his previous position and partially accepted ANJL‘s embargoes, admitting the association as amicus curiae in the process.

ANJL Rio de Janeiro Decision Download

Main decision information

1. Admission as Amicus Curiae: The judge decided to admit ANJL as amicus curiae, considering that the association met the requirements of article 138 of the Civil Procedure Code (CPC).
2. Recognition of the Transition Period: The decision recognized the omission regarding the adaptation period provided for in Law 14,790/2023. This law stipulates that the Ministry of Finance must establish deadlines of no less than six months for active companies to adjust to the new legal provisions. Furthermore, SPA/MF Ordinance No. 827, of May 21, 2024, ensures a transition period until December 31, 2024 for companies that submit an authorization request within the first ninety days of publication of the Ordinance.
3. Suspension of the Blocking Decision: Given the existence of this transition period and the responsibility of the Ministry of Finance for granting authorizations, the judge considered the maintenance of the decision ordering the suspension of lottery activities to be unjustified. Therefore, the decision that had partially granted early protection was suspended, allowing companies to continue operating during the transition period.
4. Prejudice of the Simple Assistant Request: With the admission of ANJL as amicus curiae, the request for the association to act as a simple assistant was considered prejudiced and, therefore, was not analyzed.
5. Competence of Federative Entities: The judge also highlighted that the issue of the competence of federal entities to provide lottery services will be analyzed when judging the merits of the appeal, which could influence future decisions on the case.

Continuity of operations after betting blocking

This decision represents an important step for the online betting sector, ensuring that companies can operate while legal and regulatory issues are further evaluated.

Continuity of operations allows bookmakers to adapt to new legal requirements within the established period, thus avoiding immediate negative impacts on the market.