- 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.
Related cases
- ADPF 493 - Associação Brasileira de Loterias Estaduais (Able) v. Decreto-Lei 204/1967: decided together with this case, status judgment.
- ADI 4986 - Procurador-Geral da República v. Lei estadual 8.651/2007 and decrees of Mato Grosso (Lemat): also decided with this case, status judgment.
- RE 1498128 (Tema 1323) - Loteria Fort Ltda v. Estado do Ceará: private lottery operation requires licitação, status judgment.
- ACO 3696 - União v. Loteria do Estado do Rio de Janeiro (Loterj): the Union's action against Loterj and the State of Rio de Janeiro, status filed.
Who is involved
Plaintiffs: Governador do Estado do Rio de Janeiro (Luiz Fernando Pezão)
| Defendants | União (Decreto-Lei 204/1967) |
|---|---|
| Class counsel | Procuradoria-Geral do Estado do Rio de Janeiro (Emerson Barbosa Maciel) |
| Defense counsel | Advocacia-Geral da União |
| Judge | Min. Gilmar Mendes (relator) |
| Claims |
|
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.
| Date | Event |
|---|---|
| 23 Oct 2017 | Filed |
| 30 Sep 2020 | Judgment entered |
Documents and sources
2 primary sources (court file, administrator notice, regulator) and 1 secondary. Press is supporting evidence only.
- Docket: portal.stf.jus.br
- Press coverage: noticias.stf.jus.br
| What it supports | Source | Type | Retrieved |
|---|---|---|---|
| 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 08/02/2021 | portal.stf.jus.br | primary | 14 Nov 2026 |
| Start of the joint judgment 23/09/2020; authors of the three actions | noticias.stf.jus.br | primary | 14 Nov 2026 |
| Unanimous judgment of 30 September 2020, relator Gilmar Mendes | migalhas.com.br | secondary | 14 Nov 2026 |
Related cases
4 cases in the record share parties, claims or a settlement with this one.
| Case | Court | Status |
|---|---|---|
| ADPF 493 Able state lotteries | Supremo Tribunal Federal (Plenário) | Judgment entered |
| ADI 4986 Mato Grosso lottery | Supremo Tribunal Federal (Plenário) | Judgment entered |
| Tema 1323 lottery delegation needs licitação | Supremo 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.