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Just imagine the following situation: when purchasing a lottery share offered by a lottery, you match the six numbers drawn in Mega Sena. However, the excitement of becoming a millionaire is interrupted when he discovers that his game was not registered in the Caixa RS, in 2010. Fourteen years later, the case has still not had an outcome and awaits the final word from the STJ. Understand the mess below.

 

Understand the case

 

When the numbers 20, 28, 40, 41, 51 and 58 were drawn in the 1,155 competition, the participants felt victorious, but the joy was short-lived. They soon discovered that the prize had been rolled over to the next draw, leaving everyone without the expected prize.

 

Each participant invested R$11 in the pool share. If the prize of R$53 million was divided between them, each would receive approximately R$1,332,500.

 

Faced with the impossibility of redeeming the prize, the injured parties decided to seek justice.

 

 

Ticket purchased by one of the bettors. (Image: Reproduction)

Criminal sphere

 

In the criminal sphere, in 2016, the TRF of the 4th region acquitted the owner of the lottery, José Paulo Abend, and convicted the employee Diane Samar da Silva of embezzlement.

 

According to the case's rapporteur, Federal Judge Muniz, from the 7th class, it was not possible to conclude that Abend was aware that the prizes were not registered by the employee. The judge highlighted that Diane's notes on the lottery draws did not detail the games, showing only the total collected.

 

Regarding the sale of betting pool shares, Muniz highlighted that, although it was not a formal procedure, it was carried out with complete transparency by the lottery and customers knew that the shares were not registered at the same time they were acquired, meaning there was no way to accuse Abend from misleading customers.

 

As for defendant Diane, Muniz stated that there was no doubt that she was responsible for registering the pools. According to information brought to the file, she systematically failed to register, appropriating the amounts of the bets that should have been passed on to Caixa  Federal.

 

At the time, she was ordered to serve 2 years and 4 months of community service and pay around R$2,000 in fines and monetary payments.

 

 

Mega Sena jackpot winners have been awaiting the outcome of the case for 14 years. 

Civil sphere

 

On the civil side, 14 injured players filed a lawsuit seeking compensation for material and moral damages against the lottery and Caixa  Federal. They requested compensation corresponding to the value of the prize, totaling R$ 1,334,215.25, plus moral damages of the same amount, totaling R$ 2,668,430.52.

 

They claimed: (a) incident the CDC to the process, civil liability takes on an objective aspect; (b) there is culpability inon the part of CEF, as it failed to choose the service provider, as well as failing to monitor the operation of the activity.

 

In the first instance, the request was denied, a decision that was upheld by the TRF of the 4th region in 2012.

 

The rapporteur highlighted that the betting modality popularly known as a jackpot is not recognized by the CEF, "so much so that the back of the flyer states that it is impossible for more than one participant to withdraw the prize, which, obviously, excludes the collective modality. Corollary This is why the  activity does not, as a consequence, integrate the list of delegated services".

 

Furthermore, he highlighted that the mere existence of the delegation does not justify CEF's responsibility for the consequences of illicit acts carried out by a representative of the permission holder, which are foreign to the relationship of permission and services inherent therein.

 

 so that there is no way to accept the allegation of tolerated practice and not supervised by the CEF. What is happening is a breach of the conditions determined for the accreditation of the lottery, with the CEF not being responsible for the game carried out in a modality that is not recognized or authorized."

 

In yet another attempt to reverse the decision, an appeal was made to the STJ. Initially, in 2016, the case was analyzed monocratically by Minister , now retired. She dismissed the special appeal on the following grounds:

 

"In effect, it appears that the basis used by the Court a quo, in the sense that 'the bet discussed in the demand, in the form of '', does not adhere to the conditions of permitted games, using a procedure not approved by the Public Authorities. Considering the bettor is aware of this situation outside of the governing discipline, and, not having any advance that provides for the liability of the lottery house in case of failure to carry out his betting intention, assumes the possibility of obtaining a result different from that expected, such as when placing a bet on any game', was not addressed, by the appellant, in the reasons for the Special Appeal. Therefore, in this case, Precedent 283/STF applies."

 

Furthermore, he noted that in order to recognize Caixa's civil liability and condemn it to pay compensation for material damages, it would inevitably lead to an incursion into the factual and evidentiary collection of the case, which is unfeasible in the context of a special appeal, having in view of the obstacle provided for in Summary 7/STJ.

 

There was an internal grievance and the case was taken to the 2nd class.

 

In the trial session on 2/7/17, after a point of order raised by Minister Mauro Campbell Marques, the panel decided that the demand has a relevant discussion regarding the incidence of the CDC and the consequent responsibility of Caixa Federal, controller of the Federal lotteries. .

 

At the time, it was concluded that Minister decision was rendered null and void, with the opportune inclusion of the special appeal on the agenda.

 

The case was discussed, but was postponed on March 8, 2022, pending a new date so that ministers can deliberate on the matter.

 

Process: 1,396,466

Read the decision of the 2nd group , the minister and the TRF-4 .