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The decision to use a provisional measure means the restrictions can take effect immediately, less than a month before the elections. This is the clearest indication yet that the sector is being used for electoral purposes to try and secure Lula’s re-election.
The drafting of the text is reportedly in the hands of the Civil House, with some believing that it serves an electoral purpose, meaning Lula potentially riding the wave of criticism against the sector.
The Brazil betting industry has faced increasing scrutiny of late over claims that families are falling into debt because of gambling.
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The court also dismissed the equal-treatment argument, noting that gaming machines are taxed by the municipality while casino taxation falls to Hesse.
Wiesbaden’s tax, set under local statute, applies to expenditure on gaming machines, and the city said the higher rate was part of its response to strained finances.
The decision is not yet legally binding, with a further opportunity to appeal the denial of ‘leave to appeal’ open to the applicants. This will be reviewed by the Federal Administrative Court of Leipzig.