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Decision of the Justice System redefines the destination of a millionaire Mega-Sena prize by recognizing the prize division in a case that resonates throughout Brazil.
The achievement of a fortune in lotteries attracts public attention due to the magnitude of the amounts and the twists it provokes. According to an article published by CNN Brazil on June 30, in a recent decision, the Court of Justice of Santa Catarina (TJSC) intervened definitively in a millionaire financial imbroglio.
After winning R$ 117 million in the Mega-Sena, a man was surprised by a decision from the Justice that determines the division of the prize with his ex-partner, turning the prize into a dispute of enormous repercussion. The 1st Civil Chamber of the TJSC validated the plaintiff’s request based on a verbal agreement proven by audios and post-draw payments, setting the amount at R$ 1,294,491.32.
The draw 2486 of the Mega-Sena and the origin of the millionaire jackpot
The draw that initiated the litigation took place on May 31, 2022. On that date, an official pool of 42 shares held in the city of Blumenau, in the Itajaí Valley, won the maximum prize. The defendant in the action was the holder of one of these shares and received R$ 117.5 million individually.
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What seemed to be the peak of financial luck quickly turned into a severe legal conflict. Shortly after collecting the money, the winner’s ex-partner approached the Judiciary claiming a portion of the received amount.
Verbal agreement and the controversy over the prize division
The central controversy revolved around the nature of the arrangement established between the couple. The plaintiff argued in court that she maintained an informal pact with the defendant to regularly place joint bets and equally divide any potential winnings.
In his defense, the defendant sought to disprove the existence of a de facto partnership. He vehemently argued that he played alone and that the resources for purchasing the share were exclusively his, claiming that the millionaire prize belonged solely to him due to the absence of a signed contract.
The turnaround in the original district and the appeals to the second instance
The process began its proceedings in the 5th Civil Court of the original district in Santa Catarina. Upon analyzing the initial evidence set, the first-degree judge partially granted the request but authorized the deduction of amounts the man had already voluntarily transferred to the woman throughout the conflict.
Dissatisfied, both parties appealed to the Court of Justice. The defendant insisted on the total dismissal due to a lack of formal documents. Meanwhile, the plaintiff, in an adhesive appeal, demanded the full half of the R$ 117.5 million, in addition to requesting a review of the defeat and the removal of a fine.
The digital evidence validated by the Santa Catarina Justice
Upon analyzing the case, the 1st Civil Chamber of the TJSC emphasized that modern Brazilian law grants full validity to informal agreements, provided they are proven by consistent elements. Digital media and the defendant’s actions were the pillars for the conviction.
The following factors were decisive for the judges’ conviction:
- App messages and audios: Explicit communications indicated a history of joint betting.
- Notarial act: A document drawn up in a notary’s office gave public faith to the electronic conversations presented.
- Witness testimony and police report: Elements that attested to the couple’s relationship and agreements.
- Subsequent partial payments: The fact that the defendant transferred large sums to the plaintiff shortly after receiving the amount from Caixa Econômica Federal reinforced the thesis that there was a pre-existing obligation to share.
In light of this, the Court concluded that the plaintiff proved the facts to which she was entitled, according to article 373 of the Code of Civil Procedure (CPC).
The principle of congruence limits the value of the millionaire prize
One of the most complex technical points of the trial concerned the financial cap of the condemnation. Although the woman sought exactly half of the Mega-Sena share, the reporting judge strictly applied the principle of congruence, as stated in the CPC.
Since the plaintiff had specifically quantified her initial request at the amount of R$ 1,294,491.32, the Justice was bound to this limit and could not grant a higher amount. The reporting judge’s vote determined that the compensation of the amounts already advanced should occur at the sentence enforcement stage.
Procedural costs and attorney fees upheld unanimously
The defendant also tried to claim the existence of reciprocal defeat in the hope of sharing the lawyers’ costs. However, the TJSC’s fractional body rejected the argument, clarifying that the deposits made by him during the dispute constituted simple partial fulfillment, not a loss for the plaintiff.
The collegiate decision defined the following contractual charges:
- Process costs: The defendant was sentenced to pay all court expenses in full.
- Defeat fees: Set at 12% on the updated value of the condemnation in favor of the plaintiff’s lawyers.
The reporting judge’s vote was unanimously followed by the other members of the civil chamber.
Practical lessons on safety in collective betting and pools
The court-imposed prize division determination serves as a pedagogical alert of great relevance. The verdict consolidates the Judiciary’s trend of valuing truth and the dematerialization of contracts, protecting good-faith agreements even when lacking instrumental formality.
To avoid disputes of this magnitude, minimal formalization through written terms or the use of official quota mechanisms offered by the lotteries themselves emerge as safe alternatives. After all, the rules of civil law and obligations remain in force, ensuring that the conquest of a fortune does not end in a costly battle in the courts.
What did you think of this Justice decision? Do you believe that the audios and payments were sufficient evidence to determine the prize division, or should a signed contract be mandatory to split a Mega-Sena jackpot?
