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Case record · Lottery Lawsuits

ADPF 493 Able state lotteries: 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 493 (0012588-57.2017.1.00.0000)
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

Companion action by the association of state lotteries, granted unanimously on 30 September 2020 together with ADPF 492; acórdão published 15 December 2020, final on 10 February 2021.

What this case is about

ADPF 493 (0012588-57.2017.1.00.0000) is a constitutional action before the Supremo Tribunal Federal (Plenário), filed on 23 October 2017 by the Associação Brasileira de Loterias Estaduais (Able). Min. Gilmar Mendes is the relator, and the Estado de Minas Gerais took part as an interested party.

The association claimed that the federal lottery monopoly provisions of Decreto-Lei 204/1967 were not received by the 1988 constitutional order. The case is a companion to ADPF 492 and belongs to the group of Lottery Lawsuits.

Who is covered

The ruling concerns the federal government and the states that run lotteries. The defendant is the União, represented by the Advocacia-Geral da União, in respect of Decreto-Lei 204/1967.

It affects who may run lotteries in Brazil, not individual players, and it is not a class action. Other Brazilian disputes are in Gambling Lawsuits in Brazil.

Is there a payout?

No payout exists in this case. It is a constitutional dispute between state lotteries and the federal government, and the record shows no fund, no damages award and no settlement.

Players and ticket buyers have nothing to claim.

What the court decided

The Plenário granted the action unanimously on 30 September 2020, after the judgment was suspended on 23 and 24 September 2020. It held that two provisions of Decreto-Lei 204/1967 were not received by the Constitution, and it decided together with ADPF 492.

The acórdão was published in the DJE on 15 December 2020. The decision became final on 10 February 2021 (certidão of 2 February 2021), and the file was returned to the origin on 12 February 2021.

As of 14 November 2026 the case is closed with status "judgment".

Why it matters

The ruling is the base of the states' right to run their own lotteries and is a precedent in the wider Brazilian lottery and betting debate. Later actions on the federal and state split of gambling powers cite it.

The party named as defendant is covered in União (Decreto-Lei 204/1967) Lawsuits. Money paid in other gambling cases is tracked in Gambling Settlements by Year and Amount.

  • ADPF 492, Governador do Estado do Rio de Janeiro v. Decreto-Lei 204/1967, is the companion action on the federal lottery monopoly.
  • ADI 4986, Procurador-Geral da República v. Lei estadual 8.651/2007 and decrees of Mato Grosso (Lemat), is a Supreme Court judgment on a state lottery law.

Questions people ask

What did the Supreme Court decide in ADPF 493?

On 30 September 2020 it unanimously held that two provisions of Decreto-Lei 204/1967 were not received by the Constitution, together with ADPF 492.

Who brought ADPF 493?

The Associação Brasileira de Loterias Estaduais (Able), with the Estado de Minas Gerais as interested party.

Is ADPF 493 final?

Yes. The decision became final on 10 February 2021.

Who is involved

Plaintiffs: Associação Brasileira de Loterias Estaduais (Able); Estado de Minas Gerais as interested party

DefendantsUnião (Decreto-Lei 204/1967)
Defense counselAdvocacia-Geral da União
JudgeMin. Gilmar Mendes (relator)
Claims
  • Non-reception of the federal lottery monopoly provisions of Decreto-Lei 204/1967

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 0 secondary. Press is supporting evidence only.

What it supportsSourceTypeRetrieved
Docket: autuado 23/10/2017; procedente 30/09/2020 unanimous; acórdão 15/12/2020; trânsito 10/02/2021; Docket: Protocolado, Autuado and Distribuído por prevenção 23/10/2017; judgment suspended 23 and 24/09/2020; Procedente 30/09/2020 (unanimous, two provisions of DL 204/1967 not received); Publicado acórdão DJE 15/12/2020; Transitado em julgado 10/02/2021 (certidão 02/02/2021); baixa 12/02/2021portal.stf.jus.brprimary14 Nov 2026
Able as author; Minas Gerais admitted as interested partynoticias.stf.jus.brprimary14 Nov 2026

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

CaseCourtStatus
ADPF 492 end of the federal lottery monopolySupremo Tribunal Federal (Plenário)Judgment entered
ADI 4986 Mato Grosso lotterySupremo Tribunal Federal (Plenário)Judgment entered

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