This Wednesday (22), the Prizes and Bets Secretariat of the Ministry of Finance published Ordinance SPA/MF No. 827 in the Official Gazette of the Union.
Signed by Secretary Regis Dudena, the regulation establishes the rules and conditions for obtaining authorization for the commercial exploitation of the fixed-odd lottery betting modality in Brazil.
The ordinance establishes the adaptation time for players that operated in the national territory when Law No. 14,790/2023 came into force. In other words, from January 1, 2025, companies operating in the country without a license will be subject to the expected sanctions.
Therefore, the authorization will be valid for five years upon payment of 30 million reais, granting the possibility of exploring up to three brands on electronic platforms.
According to the ordinance, it will be essential to present a service system for Brazilian bettors, located in the national territory. Furthermore, this service must be in Portuguese, provided via electronic and telephone channels free of charge, operating 24 hours a day, seven days a week.
The intention is to be a channel for receiving complaints, queries and other problems related to online betting.
SPA/MF ORDINANCE No. 827, OF MAY 21, 2024
Regulates the provisions of art. 29 of Law No. 13,756, of December 12, 2018, and in arts. 4th to 13 of Law No. 14,790, of December 30, 2023, to establish the rules and conditions for obtaining authorization for commercial exploitation of the lottery modality of fixed-odd betting by private economic agents throughout the national territory.
THE SECRETARY OF PRIZES AND BETS OF THE MINISTRY OF FINANCE, in the use of the powers conferred on him by art. 55, item I, item “d”, of Annex I of Decree No. 11,907, of January 30, 2024, and in view of the provisions of art. 29, § 3, of Law No. 13,756, of December 12, 2018, in arts. 4th to 13 of Law No. 14,790, of December 29, 2023, and in Normative Ordinance MF No. 1,330, of October 26, 2023, resolves:
CHAPTER I
PRELIMINARY PROVISIONS
Art. 1 This Ordinance regulates the provisions of art. 29 of Law No. 13,756, of December 12, 2018, and in arts. 4th to 13 of Law No. 14,790, of December 29, 2023, to establish the rules and conditions for obtaining authorization for commercial exploitation of the lottery modality of fixed-odd betting by private economic agents throughout the national territory.
Art. 2 For the purposes of this Ordinance, the following are considered:
I – administrators: occupants of management or equivalent positions and members of the board of directors of the applicant legal entity, if any;
II – betting operator agent: legal entity authorized by the Prizes and Betting Secretariat of the Ministry of Finance to operate fixed-odd bets;
III – final beneficiaries: partners or shareholders, natural persons, who qualify as controllers or holders of qualified participation, under the terms of this article, and are at the last instance in the chain of corporate participation of the economic group;
IV – controllers: partners or shareholders who, individually or together with the other members of the controlling group, natural or legal persons, directly or indirectly:
a) hold or exercise rights that guarantee them, on a permanent basis, preponderance in corporate deliberations and the power to elect the majority of administrators of the requesting legal entity; or
b) effectively direct social activities and guide the functioning of the applicant legal entity;
V – holders of qualified participation: partners or shareholders, natural persons, legal entities or investment funds, not controlling the applicant legal entity, who, directly or indirectly, individually hold a portion greater than ten percent of the voting capital, when a corporation, or more than ten percent of the share capital of the applicant legal entity, when a limited liability company;
VI – economic group: all natural persons, legal entities or investment funds involved in the chain of corporate participation of the applicant legal entity.
VII – control group: group of people linked by voting agreement or under common control who assume the status of controller of the requesting legal entity, directly or indirectly; It is
VIII – applicant legal entity: legal entity that requests authorization from the Prizes and Betting Secretariat of the Ministry of Finance for the commercial exploitation of the fixed-odd lottery betting modality.
CHAPTER II
THE EXPLORATION REGIME
Art. 3 The commercial exploitation of the fixed-odd betting lottery referred to in art. 29 of Law No. 13,756, of 2018, and arts. 4th and 6th of Law No. 14,790, of 2023, throughout the national territory, it will be exclusive to legal entities that receive prior authorization issued by the Prizes and Betting Secretariat of the Ministry of Finance to act as betting operating agent.
Art. 4 Only legal entities established in accordance with Brazilian legislation, with headquarters and administration in national territory, that meet all the requirements set out in Law No. 13,756, of 2018, in Law No. 14,790, of 2023, in this Ordinance and in other regulatory standards issued by the Ministry of Finance.
§ 1º A national legal entity, a subsidiary of a foreign company, constituted in accordance with Brazilian legislation, with headquarters and administration in the national territory, may be authorized to operate the fixed-odd betting lottery, subject to the mandatory participation of a Brazilian as a member holding at least twenty percent of the legal entity’s share capital, in accordance with item IX of § 1 of art. 7th of Law No. 14,790, of 2023.
§ 2 Legal entities that are branches, branches, agencies or representations, in the country, of a legal entity with headquarters abroad are not eligible for authorization to operate the fixed-odd betting lottery.
§ 3 The granting of authorization by the Prizes and Betting Secretariat of the Ministry of Finance for commercial exploitation of the fixed-odd lottery betting modality will be restricted to applicant legal entities constituted in the form of:
I – limited liability company; or
II – joint-stock company.
Art. 5 Authorization for commercial exploitation of the lottery modality of fixed-odd betting will comply with the following rules:
I – will be granted with a duration of five years, upon payment of R$ 30,000,000.00 (thirty million reais), considering the limit of up to three commercial brands to be explored by the legal entity on its electronic channels per act authorization;
II – will have a very personal, non-negotiable and non-transferable character; It is
III – may be requested at any time by interested legal entities, observing the procedure established in this Ordinance.
Art. 6 The authorization granted to operate the fixed-odd betting lottery may be reviewed whenever, in the authorized legal entity, there is a merger, split, incorporation, transformation, as well as transfer or modification of direct or indirect corporate control.
§ 1 Within thirty days, counting from the occurrence of the hypotheses set out in the caput, authorized operating agents must forward to the Prizes and Bets Secretariat of the Ministry of Finance all the documentation necessary to prove that they have maintained compliance with the rules and conditions established in this Ordinance and other current legal and regulatory standards.
§ 2 The operating agent is entitled to carry out prior consultation with the Prizes and Betting Secretariat of the Ministry of Finance in order to ensure that the intended corporate changes will not result in a review of the authorization granted.
§ 3 In the situations provided for in § 1 and § 2 of this article, the period for analysis by the Prizes and Bets Secretariat will be up to one hundred and fifty days, counting from the date of sending the documentation or formalization of the consultation, as the case may be.
§ 4 The review of the authorization granted will take place through a specific administrative process, in which the interested party will be assured of contradictory and full defense.
CHAPTER III
CRITERIA FOR OBTAINING AUTHORIZATION
Art. 7 The application to obtain authorization for the commercial exploitation of the fixed-odd lottery betting modality will be accompanied by documents proving:
I – legal qualification;
II – tax and labor regularity;
III – suitability;
IV – economic-financial qualification; It is
V – technical qualification.
§ 1 Documents originally produced in a foreign language must be translated into Portuguese by a Brazilian sworn public translator.
§ 2 The authorization application, declarations and other forms attached to this Ordinance must be completed and signed digitally, observing the guidelines contained in each document.
§ 3 The digital signature referred to in § 2 must be carried out through:
I – digital certificate issued by the ICP-Brasil Certification Authority, in the PAdES standard; or
II – gov.br account with silver or gold security and access level.
§ 4 The requesting legal entity is prohibited from changing the content of the documents referred to in § 2 of this article, except for formal adjustments necessary for their adequate completion.
§ 5 The documents referred to in § 2 of this article may be physically signed, with a notarized signature, when it is unfeasible for the foreign natural person to have a digital signature in the country.
Section I – Legal Qualification
Art. 8 Legal qualification will be proven by presenting the following documents:
I – authorization application, according to the model contained in Annex I;
II – identification form for controllers, holders of qualified participation, administrators and final beneficiaries, according to the model contained in Annex II, observing the provisions of § 1 to § 4 of this article;
III – registration form for controllers and holders of qualified holdings, applicable to legal entities, according to the model contained in Annex III;
IV – registration form for the legal representative, controllers, holders of qualified holdings, final beneficiaries and administrators, applicable to natural persons, according to the model in Annex IV;
V – registration form for financial and payment institutions authorized to operate by the Central Bank of Brazil that will provide financial services to the operating agent, according to the model contained in Annex V;
VI – declaration of compliance with the general rules relating to payment transactions, contained in specific regulations of the Prizes and Bets Secretariat of the Ministry of Finance, signed by the applicant legal entity and the institutions referred to in the previous section, according to the model contained in Annex V;
VII – certificates issued by the Central Bank of Brazil, which prove that the institutions referred to in item V of the caput have authorization to operate as financial or payment institutions;
VIII – the entire content of the social contract or statute of the requesting legal entity, duly registered with the competent body;
IX – corporate act that resolved on the election or appointment of administrators or equivalent documents, duly registered with the competent body;
X – act of granting powers to the legal representative of the requesting legal entity;
XI – proof of the main address of the applicant legal entity;
XII – registration card in the National Register of Legal Entities – CNPJ of the applicant legal entity, observing the provisions of § 5 of this article;
XIII – internal organization chart of the requesting legal entity, accompanied by a description of the main competencies of each area, observing the provisions of § 6 of this article; It is
XIV – organizational structure of the economic group to which the applicant legal entity belongs, if applicable.
§ 1 In the form referred to in section II of the caput, all administrators of the requesting legal entity must be identified.
§ 2 In the form referred to in section II of the caput, in addition to the provisions of § 1 of this article, those responsible for the following areas must be designated:
I – accounting and financial;
II – processing and security of personal data;
III – operational security of the betting system;
IV – integrity and compliance;
V – assistance to bettors and ombudsman, in compliance with the provisions of item VI of § 1 of art. 7th of Law No. 14,790, of 2023; It is
VI – relationship with the Ministry of Finance, in compliance with the provisions of item IV of § 1 of art. 7th of Law No. 14,790, of 2023.
§ 3º Those responsible for the areas referred to in items I, IV, V and VI of § 2º of this article must hold the position of director or equivalent.
§ 4 The accumulation of functions by those responsible for the areas referred to in items I to V of § 2 of this article is prohibited.
§ 5 The applicant legal entity must register with the Commercial Board with the main corporate purpose of “Exploration of Fixed Quota Betting”, using the National Classification of Economic Activities – CNAE 9200-3/99, subclass “Exploration of games of chance and bets not previously specified”.
§ 6 The internal organizational chart referred to in item XIII of the caput must highlight the provision in the structure of the legal entity requesting the ombudsman component and specific channel to meet the demands of public bodies, in compliance, respectively, with item V of the caput of the art. 7 and art. 37 of Law No. 14,790, of 2023.
Section II – Tax and Labor Regularity
Art. 9 The tax and labor regularity of the applicant legal entity will be proven through the presentation of the following documents:
I – joint certificate referring to federal taxes and active debt of the Union, administered, within the scope of their competences, by the Special Secretariat of the Federal Revenue and the Attorney General’s Office of the National Treasury, which proves fiscal regularity with the National Treasury;
II – certificate of regularity with the state or district Treasury where the requesting legal entity is headquartered, including regarding active debt;
III – certificate of regularity with the municipal treasury where the requesting legal entity is headquartered, including regarding active debt;
IV – Certificate of Regularity of the Guarantee Fund for Length of Service – CRF, issued by Caixa Econômica Federal; It is
V – Clearance Certificate of Labor Debts – CNDT, issued by the Superior Labor Court.
Section III – Proof of Suitability
Art. 10. Proof of suitability will be demonstrated by presenting the following documents:
I – in the case of the applicant legal entity:
a) declaration of unblemished reputation, according to the model in Annex VI;
b) negative correctional certificate, issued by the Comptroller General of the Union, consolidating data from the ePAD and CGU-PJ Systems, the National Register of Disqualified and Suspended Companies – CEIS, the National Register of Punished Companies – CNEP and the Register of Private Entities Non-Profit Prevented – CEPIM; It is
c) negative certificate of unsuitable and disqualified bidders, issued by the Federal Audit Court;
II – in the case of controllers and holders of qualified holdings, when legal entities, including if domiciled abroad:
a) declaration of unblemished reputation, according to the model in Annex VI; It is
b) declaration of the legal origin of the resources that make up the social capital of the requesting legal entity, according to the model contained in Annex VIII; It is
III – in the case of controllers, holders of qualified holdings, final beneficiaries, administrators and legal guardians, when natural persons, including foreigners:
a) declaration of unblemished reputation, according to the model in Annex VII;
b) declaration of the legal origin of the resources that make up the social capital of the requesting legal entity, applicable to controllers, holders of qualified participation and final beneficiaries, according to the model contained in Annex VIII, observing the provisions of § 2 of this article;
c) negative criminal record certificate, issued by the Federal Police;
d) negative criminal record certificate, issued by the state or Federal District civil police where the natural person is domiciled; It is
e) certificates issued by the federal and state courts or the Federal District and Territories of the natural person’s place of domicile, which prove the non-existence of conviction for administrative improbity, conviction with a criminal penalty that prohibits, even temporarily, access to public positions , by final and unappealable decision, or conviction for crimes:
1. go bankrupt;
2. tax evasion;
3. active or passive corruption;
4. concussion;
5. embezzlement;
6. of malfeasance;
7. against the popular economy;
8. against public faith;
9. against intellectual property; It is
10. against the National Financial System.
§ 1 In the case of foreign natural persons, in addition to the declarations referred to in paragraphs “a” and “b” of section III of the caput, documents equivalent to those provided for in paragraphs “c” to “e” of the same section must be presented. issued by a competent authority in their country of origin, observing the provisions of § 1 of art. 7th.
§ 2 The requesting legal entity must keep at the disposal of the Prizes and Betting Secretariat of the Ministry of Finance the documents that prove the declaration of the lawful origin of the resources referred to in subparagraph “b” of section II and subparagraph “b” of subsection III of the caput.
Section IV – Economic-Financial Qualification
Art. 11. The economic-financial qualification of the applicant legal entity will be proven through the presentation of the following documents:
I – negative certificate of bankruptcy or judicial recovery issued by the distributor at the registered office of the requesting legal entity, with an issue date of no more than sixty days prior to the date of filing the authorization request;
II – financial statements for the last two financial years, or the last year, if the applicant legal entity was established less than two years ago, including balance sheet, statement of results for the year and cash flow, duly approved by the general meeting or partners, as applicable, presented in accordance with the law and signed by the financial director of the requesting legal entity or by the holder of an equivalent position, observing the provisions of § 2 and § 3 of this article;
III – proof of constitution of a financial reserve, in the minimum value of R$ 5,000,000.00 (five million reais), in compliance with the provisions of art. 14 and the rules contained in specific regulations on payment transactions published by the Prizes and Bets Secretariat of the Ministry of Finance;
IV – proof of payment in current currency of the minimum share capital of R$ 30,000,000.00 (thirty million reais), in compliance with the provisions of art. 14;
V – proof of minimum net worth of R$ 30,000,000.00 (thirty million reais), in compliance with the provisions of art.14; It is
VI – declaration of economic-financial capacity of controllers, according to the model in Annex X.
§ 1 The authorized legal entity must permanently respect the minimum limits established in items III to V of the caput, observing the provisions of specific regulations and § 4 of this article.
§ 2 In the case of legal entities established less than a year ago, in replacement of the statements referred to in section II of the caput, the presentation of:
I – opening balance sheet;
II – projected cash flow for the next two financial years; It is
III – report signed by the financial director or equivalent function detailing the economic-financial hypotheses adopted in the projections, observing the provisions of § 3 of this article.
§ 3 The financial statements referred to in this article, including those mentioned in items I and II of § 2, must be presented in accordance with Brazilian accounting standards issued by the Federal Accounting Council and be accompanied by the respective explanatory notes and opinion independent auditor registered with the Securities and Exchange Commission – CVM.
§ 4 If the legal entity requires additional authorizations, aiming to operate more than three commercial brands, considering the limit of up to three per act of authorization, the following will be additionally required:
I – payment of the grant of authorization, in the amount of R$ 30,000,000.00 (thirty million reais), per act of authorization granted;
II – the constitution of the amount of R$ 5,000,000.00 (five million reais), as a financial reserve, by act of authorization granted; It is
III – the payment in current currency of the share capital of R$ 15,000,000.00 (fifteen million reais) and the maintenance of net equity in an amount not less than the share capital, by act of authorization granted.
Section V – Technical Qualification
Art. 12. The technical qualification of the applicant legal entity will be proven through the presentation of the following documents:
I – request protocol or technical certificate for the betting system, issued by a laboratory with operational capacity recognized by the Prizes and Betting Secretariat of the Ministry of Finance, observing the technical requirements defined in specific regulations and the provisions of art. 14;
II – declaration, according to the model contained in Annex IX, of adoption and implementation of policies, procedures and internal controls of:
a) prevention of money laundering, terrorist financing and the proliferation of weapons of mass destruction, especially regarding compliance with the duties provided for in arts. 10 and 11 of Law No. 9,613, of March 3, 1998, in Law No. 13,260, of March 16, 2016, and in other regulatory standards issued by the Ministry of Finance;
b) responsible gambling and prevention of pathological gambling disorders, observing the minimum requirements set out in art. 16 of Law No. 14,790, of 2023, and other regulatory standards issued by the Ministry of Finance;
c) code of conduct and dissemination of good advertising and advertising practices;
d) integrity of bets and prevention of manipulation of results and other frauds referred to in art. 19 of Law No. 14,790, of 2023;
e) liquidity risk management, observing the rules contained in specific regulations on payment transactions published by the Prizes and Bets Secretariat of the Ministry of Finance;
f) continuity of Information Technology, observing the minimum requirements contained in specific regulations on betting systems published by the Prizes and Bets Secretariat of the Ministry of Finance; It is
g) corporate governance structure compatible with the complexity, specificity and risks of the business;
III – description of the structure of the customer service system, based in Brazil, with service in Portuguese, operated via a free electronic and telephone channel, operating 24 hours a day, seven days a week, able to serve complaints, doubts and other problems related to betting, in compliance with the provisions of art. 14;
IV – proof of knowledge and experience in games, betting or lotteries of at least one of the members of the control group of the applicant legal entity, documents that attest to:
a) in the case of natural persons, have at least three years of professional experience in the areas of gaming, betting or lotteries or related areas; or
b) in the case of natural or legal entities, be or have already held a qualified shareholding in legal entities whose corporate purpose is gaming, betting or lotteries;
V – proof and declaration of compliance with the requirements for possession and exercise of management positions, according to the model contained in Annex VII and in compliance with the provisions of § 1 of this article;
VI – proof of registration on the digital platform referred to in Decree No. 8,573, of November 19, 2015;
VII – proof that the requesting legal entity is part of or associated with a responsible advertising monitoring body;
VIII – proof that the applicant legal entity is part of or associated with an independent body or entity that monitors sporting integrity, national or foreign, whose objective is to combat the manipulation of results of sporting events; It is
IX – list of all operating and commercialization licenses for fixed-odd betting in other jurisdictions and States of the Federation, if applicable, in the name of the applicant legal entity or its controllers, including abroad, containing identification number, date of grant , period of validity and location.
§ 1 In compliance with the provisions of item III of art. 7 and in art. 11 of Law No. 14,790, of 2023, the administrators of the applicant legal entity must meet the suitability requirements set out in section III of art. 10 and meet at least one of the requirements below:
I – minimum professional experience of three years in an area related to that in which they will act as administrators; or
II – higher-level academic training in an area compatible with the position to be held.
§ 2 The requesting legal entity must keep available to the Prizes and Betting Secretariat of the Ministry of Finance documents that prove the declaration referred to in item II of the caput.
Section VI – Supplementary Documentation and Additional Deadline
Art. 13. During the evaluation of the authorization request, the Prizes and Betting Secretariat of the Ministry of Finance may request, through the Betting Management System – SIGAP referred to in art. 15, documents or additional information.
§ 1 The requesting legal entity must present the documents or additional information within fifteen days, counting from the notification sent through SIGAP, observing the provisions of art. 25.
§ 2º The deadline referred to in art. 16 will be suspended until the documents referred to in the caput are presented.
§ 3 Failure to present, without justification, documents or additional information within the period referred to in § 1 of this article will result in the authorization request being definitively archived.
Art. 14. The following proofs may be presented within a period of up to thirty days, counted from the notification referred to in the caput of art. 16, observing the provisions of art. 25:
I – payment for granting authorization referred to in item I of the caput art. 5th, observing the provisions of art. 16;
II – constitution of the financial reserve referred to in item III of the caput of art. 11;
III – payment in currency of the minimum share capital of R$ 30,000,000.00 (thirty million reais) referred to in item IV of the caput of art. 11, as well as the declaration of lawful origin of the resources that make up the share capital referred to in paragraphs “b” of item II and “b” of item III of the caput of art. 10;
IV – minimum net worth of R$ 30,000,000.00 (thirty million reais) referred to in item V of the caput of art. 11;
V – technical certificate referred to in item I of the caput of art. 12, in the case of applicant legal entities that have submitted the request protocol; It is
VI – implementation of the customer service system referred to in item III of the caput of art. 12.
§ 1 Other proof of compliance with the requirements established in this Ordinance must be presented together with the authorization request referred to in art. 15.
§ 2 Failure to comply with the deadline set out in the caput for presenting the proof relating to item I of the caput will result in the authorization request being definitively archived.
§ 3 Failure to comply with the deadline set out in the caput for presenting proof relating to items II to VI of the caput will result in the suspension of the authorization procedure.
CHAPTER IV
AUTHORIZATION, REJECTION, ADMINISTRATIVE REMEDY AND EXTINCTION OF AUTHORIZATION
Section I – Authorization and Rejection
Art. 15. The request for authorization for commercial exploitation of fixed-odd bets and other documents necessary to prove compliance with the rules and conditions established in this Ordinance must be presented by interested parties through the SIGAP of the Prizes and Bets Secretariat of the Ministry of Farm.
§ 1 Interested legal entities may submit the request referred to in the caput from the date of publication of this Ordinance.
§ 2 If there are any complications in making the SIGAP available, the Prizes and Bets Secretariat of the Ministry of Finance will publish an alternative way of sending the application and other documents by the applicant.
§ 3 The information referred to in § 2 of this article will be made available at the electronic address https://www.gov.br/fazenda/pt-br/composicao/orgaos/secretaria-de-premios-e-apostas.
Art. 16. The Prizes and Betting Secretariat of the Ministry of Finance must notify the applicant legal entities within one hundred and fifty days, counting from the date of filing the authorization request referred to in art. 15 in SIGAP, for:
I – make payment for granting authorization, in accordance with art. 17, and present the proof referred to in art. 14; or
II – communicate the rejection of the authorization request, in accordance with art. 19.
Single paragraph. The deadline for notification referred to in the caput must comply with the hypotheses of suspension of the deadline provided for in this Ordinance.
Art. 17. Once the requirements contained in this Ordinance and other legal and regulatory standards in force are met, the requesting legal entity will be notified by the Prizes and Betting Secretariat of the Ministry of Finance, through SIGAP, to make payment for granting authorization and present the proof referred to in art. 14.
§ 1 Proof of payment to the Single Account of the National Treasury of the amount of R$ 30 million (thirty million reais) per act of authorization must be sent to the Prizes and Bets Secretariat of the Ministry of Finance, through SIGAP, within the deadline of up to thirty days, counting from the date of notification referred to in the caput, observing the provisions of art. 25.
§ 2 Payment for granting authorization must be made exclusively through the Union Collection Guide – GRU, via the Brazilian Payment System – SPB, and the financial institution that mediates the operation must observe the following instructions:
I – Person Type: J (legal entity);
II – CNPJ: CNPJ of the applicant, mandatory with 14 digits, with consistent check digits;
III – Name: corporate name of the applicant legal entity;
IV – TES Collection Code: 10117 (5 positions);
V – Management Unit Code: 170628 (6 positions);
VI – Número Referência GRU: não preencher;
VII – Ano Mês Competência – MM/AAAA: informar mês (2 posições) e ano (4 posições) em que ocorrer o pagamento;
VIII – Data de Vencimento – DD/MM/AAAA: informar dia (2 posições), mês (2 posições) e ano (4 posições) de pagamento, respeitado o prazo limite de pagamento de que trata o § 1º deste artigo;
IX – Valor principal: informar o valor de R$ 30 milhões (trinta milhões de reais), com centavos, por ato de autorização; e
X – Valor do lançamento: informar o valor de R$ 30 milhões (trinta milhões de reais), com centavos, por ato de autorização.
Art. 18. Após o pagamento da outorga de autorização, desde que comprovado o atendimento aos incisos I a VI do caput do art. 14, a autorização será deferida por meio de publicação de portaria de autorização no Diário Oficial da União.
Art. 19. Serão indeferidos os requerimentos de autorização das pessoas jurídicas:
I – cujos documentos apresentados sejam, na avaliação da Secretaria de Prêmios e Apostas do Ministério da Fazenda, insuficientes para comprovar o atendimento aos requisitos previstos na Lei nº 13.759, de 2018, na Lei nº 14.790, de 2023, nesta Portaria e demais normas regulamentares expedidas pelo Ministério da Fazenda; ou
II – considerados fraudulentos ou que possuam informações adulteradas ou inverídicas.
Seção II – Do Recurso Administrativo
Art. 20. O indeferimento do requerimento de autorização será notificado à pessoa jurídica requerente por meio do SIGAP, cabendo recurso administrativo nos termos da Lei nº 9.784, de 29 de janeiro de 1999.
§ 1º O recurso administrativo deverá ser dirigido à autoridade prolatora da decisão por meio do SIGAP, instruído com as razões e os documentos que a requerente entender pertinentes, e protocolado no prazo de até dez dias, contado da notificação de que trata o caput, observado o disposto no art. 25.
§ 2º Ao término do prazo de que trata o §1º deste artigo, caso não seja protocolado recurso, o processo será definitivamente arquivado.
Seção III – Da Extinção da Autorização
Art. 21. Extingue-se a autorização por:
I – decurso do prazo de que trata o inciso I do caput do art. 5º;
II – revogação, por razões de oportunidade e conveniência, para melhor adequação às finalidades de interesse público decorrente de fato superveniente devidamente comprovado, pertinente e suficiente para justificar tal conduta;
III – anulação, quando se verificar vício de legalidade no ato de autorização;
IV – cassação, nos casos previstos em lei, nesta Portaria e em regulamentação específica, quando se verificar descumprimento dos requisitos e condições estabelecidos para a autorização e para a exploração comercial autorizada das apostas de quota fixa;
V – renúncia, a pedido do agente operador; ou
VI – decretação de falência ou extinção do agente operador.
§ 1º A extinção da autorização outorgada importará impedimento da continuidade da prestação dos serviços, não cabendo qualquer tipo de indenização ao agente operador autorizado.
§ 2º A extinção da autorização outorgada, nas hipóteses previstas nos incisos II, III e IV do caput, dar-se-á mediante processo administrativo específico, no qual serão assegurados ao interessado o contraditório e a ampla defesa.
§ 3º Em caso de extinção da autorização:
I – as apostas em aberto cujo objeto sejam eventos reais de temática esportiva ainda não ocorridos deverão ser canceladas; e
II – o agente operador deverá restituir aos apostadores os recursos mantidos nas contas transacionais, inclusive os valores correspondentes ao saldo financeiro disponível de cada apostador e às apostas em aberto, bem como eventuais prêmios ainda não pagos.
§ 4º A Secretaria de Prêmios e Apostas do Ministério da Fazenda notificará o agente operador, detalhando os prazos e os procedimentos complementares a serem observados para cessação das atividades, observado o disposto no art. 25.
§ 5º A fim de evitar a interrupção de suas atividades, o agente operador autorizado deverá apresentar novo requerimento de autorização com antecedência mínima de cento e oitenta dias da data de término da autorização concedida.
CAPÍTULO V
DAS DISPOSIÇÕES FINAIS E TRANSITÓRIAS
Art. 22. O agente operador autorizado deverá manter atualizada, durante todo o período de vigência da autorização, a documentação exigida nesta Portaria e nas demais normas legais e regulamentares vigentes, que comprovam as declarações apresentadas ao longo do processo de autorização, podendo a Secretaria de Prêmios e Apostas do Ministério da Fazenda solicitar comprovação de regularidade a qualquer momento.
Parágrafo único. O agente operador de apostas deverá comunicar à Secretaria de Prêmios e Apostas do Ministério da Fazenda, no prazo de dez dias, contado de sua ocorrência, eventuais alterações das condições que justificaram o deferimento do ato de autorização.
Art. 23. Serão assegurados às pessoas jurídicas que apresentarem o requerimento de autorização de que trata o art. 15 nos primeiros noventa dias, contados da data de publicação desta Portaria:
I – o envio da notificação de que trata o art. 16 em até cento e oitenta dias, contados da data de publicação desta Portaria, observadas as hipóteses de suspensão de prazo previstas nesta Portaria; e
II – o deferimento da autorização até 31 de dezembro de 2024, por meio de publicação de portaria no Diário Oficial da União, desde que atendidas as exigências constantes desta Portaria, incluída a apresentação dos comprovantes de que tratam os incisos I a VI do caput do art. 14.
Parágrafo único. Todas as portarias de autorização deferidas na hipótese de que trata este artigo serão publicadas no mesmo dia.
Art. 24. Para os fins do disposto no parágrafo único do art. 9º da Lei nº 14.790, de 2023, o prazo de adequação das pessoas jurídicas que estavam em atividade no Brasil quando da publicação da Lei nº 14.790, de 2023, às disposições legais e regulamentares vigentes sobre a loteria de apostas de quota fixa, inicia-se na data de publicação desta Portaria e encerra-se em 31 de dezembro de 2024.
Parágrafo único. A partir de 1º de janeiro de 2025, as pessoas jurídicas que estiverem em atividade no Brasil sem a devida autorização da Secretaria de Prêmios e Apostas do Ministério da Fazenda para exploração comercial da modalidade lotérica de apostas de quota fixa ficarão sujeitas às penalidades pertinentes.
Art. 25. Para os fins desta Portaria, a pessoa jurídica requerente será considerada devidamente notificada a partir do sexto dia da data de envio da notificação pela Secretaria de Prêmios e Apostas do Ministério da Fazenda, ou na data de sua consulta ao SIGAP, se anterior.
Art. 26. O art. 12 da Portaria Normativa SPA/MF nº 615, de 16 de abril de 2024, passa a vigorar com a seguinte redação:
“Art. 12. A vedação prevista no caput do art. 21 da Lei nº 14.790, de 2023, passa a vigorar em 1º de janeiro de 2025.”
Art. 27. Esta Portaria entra em vigor na data da sua publicação.
REGIS ANDERSON DUDENA
