Decreto-Lei n.º 84/85, de 28 de Março de 1985
Decreto-Lei n.º 84/85 de 28 de Março Através do Decreto-Lei n.º 382/82, de 15 de Setembro, foi entre nós criado o loto. Contudo, a regulamentação do seu funcionamento não chegou a ter lugar, em virtude da superveniência de diversas dificuldades e obstáculos gerados, nomeadamente por insuficiente previsão daquele diploma legal. De todo o modo, não se pensa que tenham resultado prejuízos da sua não implementação, pois só recentemente passou a existir, em condições de funcionamento, o indispensável equipamento informático.
Tratando-se de uma nova modalidade de aposta mútua, agora sobre sorteio de números, achou-se conveniente afectá-la, na Santa Casa da Misericórdia de Lisboa, ao seu Departamento de Aposta Mútuas Desportivas, que deverá assim assumir a designação de Departamento de Apostas Mútuas, dado que os meios operacionais com que lidam uma e outra exploração são exactamente os mesmos.
Dado que, à luz da experiência do que ocorreu noutros países, é de esperar que a exploração do loto venha a afectar negativamente as receitas do totobola, considerou-se justificada a distribuição unitária das receitas líquidas de um e outro.
Tão-só esse facto, mas não apenas ele, justifica ainda que se proceda, como de facto procede, à fixação de um novo sistema de distribuição da receita líquidaglobal.
O presente diploma representa, assim, a reformulação da problemática das apostas mútuas, à luz das referidas inovações.
Nestes termos, e nos da alínea a) do n.º 1 do artigo 201.º da Constituição, o Governo decreta o seguinte: Artigo 1.º - 1 - O direito de promover concursos de apostas mútuas é reservado ao Estado, que concede à Santa Casa da Misericórdia de Lisboa a sua organização e exploração em regime de exclusivo para todo o território nacional.
2 - Consideram-se concursos de apostas mútuas todos aqueles em que os participantes prognostiquem ou prevejam resultados de uma ou mais competições ou de sorteios de números para obter o direito a prémios em dinheiro ou a quaisquer outras recompensas.
Art. 2.º - 1 - Serão organizados e explorados ao abrigo deste diploma concursos denominados 'totobola' e 'totoloto' e quaisquer outras modalidades de concursos de apostas mútuas a criar por diploma legal adequado.
2 - Constitui concurso de totobola todo aquele em que os participantes prognostiquem resultados de uma ou mais competições desportivas com a finalidade prevista no artigo anterior.
3 - Constitui concurso de totoloto todo aquele em que os participantes prognostiquem resultados de sorteios de números com a finalidade prevista no artigoanterior.
4 - É reconhecido à Santa Casa da Misericórdia de Lisboa o direito exclusivo ao uso das designações 'totobola' e 'totoloto', bem como ao respectivo emblema, do modelo anexo ao presente decreto-lei.
Art. 3.º Em simultâneo com os concursos referidos no artigo anterior poderá a Santa Casa da Misericórdia de Lisboa organizar sorteios de prémios adicionais, expressos em dinheiro ou em espécie.
Art. 4.º - 1 - As normas gerais de participação nos concursos a que respeita o presente diploma, os prazos de caducidade e, bem assim, as taxas e emolumentos a que haja lugar constarão de regulamento, denominado 'regulamento geral dos concursos', a aprovar por portaria do Ministro do Trabalho e Segurança Social.
2 - Haverá um regulamento geral dos concursos para cada modalidade de aposta mútua a que se refere o artigo 2.º do presente diploma.
3 - A participação nos concursos implica a adesão às normas que os disciplinem.
4 - No verso dos bilhetes de participação nos concursos deverá constar um extracto das suas normas reguladoras essenciais.
Art. 5.º - 1 - A participação nos concursos de apostas mútuas processa-se pela inscrição das apostas em bilhetes de modelo adoptado e pelo pagamento do preço correspondente.
2 - A entrega dos bilhetes e o pagamento do preço das...
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