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Case record · Lottery Lawsuits

ADPF 492 end of the federal lottery monopoly: Allegations, Court Orders and Status

Status
Judgment entered (judgment)
As of
30 Sep 2020 · read from the court record
Court
Supremo Tribunal Federal (Plenário) · Supreme or high court
Docket
ADPF 492 (0012568-66.2017.1.00.0000)
Judge
Min. Gilmar Mendes (relator)
Filed
23 Oct 2017
Type
Constitutional challenge, lottery lawsuits
Money
No settlement fund or award on record
Payout
No payout exists as of 14 Nov 2026

Status words follow the court record: a complaint states one side's allegations, only the court's orders decide anything. Filing a settlement claim is always free.

What this case is about

Landmark: on 30 September 2020 the Plenary unanimously held that arts. 1 and 32 (caput and § 1) of Decreto-Lei 204/1967 were not received by the 1988 Constitution. The Union keeps exclusive power to legislate on lotteries (art. 22 XX CF) but has no monopoly on running them; lotteries are a public service that states may operate. Decided with ADPF 493 and ADI 4986; acórdão published 15 December 2020, final on 4 February 2021. Every later state-lottery case (Loterj, Lottopar, the bets ADIs) builds on this judgment.

What this case is about

ADPF 492 is a constitutional case before the Supremo Tribunal Federal (Plenary), docket ADPF 492 (0012568-66.2017.1.00.0000). The Governor of the State of Rio de Janeiro, Luiz Fernando Pezão, filed it on 23 October 2017 against the Union's Decreto-Lei 204/1967. It is one of the landmark Lottery Lawsuits on who may legally run a lottery.

The state argued that arts. 1 and 32 of the decree, which reserved lotteries to the Union and froze state lotteries, were not received by the 1988 Constitution. The Advocacia-Geral da União defended the decree. Min. Gilmar Mendes was the rapporteur (relator).

Who is covered

The case is not a class action and has no claimants. It affects the Brazilian states that run or want to run lotteries, and the Union, which until this ruling held the exclusive position under the 1967 decree.

It was decided together with ADPF 493 and ADI 4986. The Union's other disputes of this kind are collected under União (Decreto-Lei 204/1967) Lawsuits.

Is there a payout?

No payout exists in this case. The record shows no fund, no claim deadline and no damages. The dispute concerns legislative power over lotteries, and no money is awarded to players or ticket holders.

What the court decided

The Plenary began the joint judgment on 23 September 2020. On 30 September 2020 it decided unanimously that arts. 1 and 32 (caput and paragraph 1) of Decreto-Lei 204/1967 were not received by the 1988 Constitution.

The judgment (acórdão) was published on 15 December 2020. The decision became final (trânsito em julgado) on 4 February 2021, and the record shows the decision published in the DJE and DOU and the file returned (baixa) on 8 February 2021.

As of 14 November 2026 the record lists no next hearing. For the wider picture, see Gambling Lawsuits in Brazil.

Why it matters

The Plenary held that the Union keeps the exclusive power to legislate on lotteries (art. 22 XX of the Constitution) but has no monopoly on running them. Lotteries are a public service that states may operate.

Every later state-lottery case builds on this judgment, including the Loterj and Lottopar disputes and the actions against the bets measures. Cases that did end in money are listed in Gambling Settlements by Year and Amount.

Questions people ask

Did the Supreme Court end the federal lottery monopoly?

Yes. On 30 September 2020 the Plenary unanimously held that arts. 1 and 32 of Decreto-Lei 204/1967 were not received by the 1988 Constitution. The Union still legislates on lotteries but no longer holds a monopoly on operating them.

Who filed ADPF 492?

The Governor of the State of Rio de Janeiro, Luiz Fernando Pezão, filed it on 23 October 2017. The state's Procuradoria-Geral (Emerson Barbosa Maciel appears as counsel in the record) represented the plaintiff, and the Advocacia-Geral da União defended the Union.

Is the judgment final?

Yes. The acórdão was published on 15 December 2020 and the decision became final on 4 February 2021, according to the Supreme Court's docket. The file was returned on 8 February 2021.

Who is involved

Plaintiffs: Governador do Estado do Rio de Janeiro (Luiz Fernando Pezão)

DefendantsUnião (Decreto-Lei 204/1967)
Class counselProcuradoria-Geral do Estado do Rio de Janeiro (Emerson Barbosa Maciel)
Defense counselAdvocacia-Geral da União
JudgeMin. Gilmar Mendes (relator)
Claims
  • Arts. 1 and 32 of Decreto-Lei 204/1967, which reserved lotteries to the Union and froze state lotteries, were not received by the 1988 Constitution

If you need a lawyer, start with the court-appointed class counsel named above or the bar association referral service of your state or country. This site does not refer readers to law firms.

Is there a payout?

No payout exists in this case as of 14 Nov 2026.

What happens next

No future date is on the record we hold. The case is closed on the record we hold; later appeals or enforcement steps would be added here.

Timeline

2 dated steps on record, oldest first. Future dates come from court notices and can move.

DateEvent
23 Oct 2017Filed
30 Sep 2020Judgment entered

Documents and sources

2 primary sources (court file, administrator notice, regulator) and 1 secondary. Press is supporting evidence only.

What it supportsSourceTypeRetrieved
Docket: autuado 23/10/2017; procedente 30/09/2020 (unanimous, arts. 1 and 32 DL 204/1967 not received); acórdão 15/12/2020; trânsito 04/02/2021; Docket: Protocolado, Autuado and Distribuído (Min. Gilmar Mendes) 23/10/2017; Procedente 30/09/2020; Publicado acórdão DJE 15/12/2020; Transitado em julgado 04/02/2021; decision published in DJE and DOU and baixa 08/02/2021portal.stf.jus.brprimary14 Nov 2026
Start of the joint judgment 23/09/2020; authors of the three actionsnoticias.stf.jus.brprimary14 Nov 2026
Unanimous judgment of 30 September 2020, relator Gilmar Mendesmigalhas.com.brsecondary14 Nov 2026

4 cases in the record share parties, claims or a settlement with this one.

CaseCourtStatus
ADPF 493 Able state lotteriesSupremo Tribunal Federal (Plenário)Judgment entered
ADI 4986 Mato Grosso lotterySupremo Tribunal Federal (Plenário)Judgment entered
Tema 1323 lottery delegation needs licitaçãoSupremo Tribunal Federal (Plenário Virtual)Judgment entered
União v Loterj (nationwide bets)Supremo Tribunal Federal (Plenário)Filed, pending

Last checked against the sources on 14 Nov 2026. Found an error? Tell us and we correct the record with a dated note.