The Brazilian government has established a new authorization regime to operate sports betting in the country. Before starting their activities, companies will need to obtain approval from the Ministry of Finance and the Ministry of Sports.
In case of disagreements between these bodies, the Attorney General’s Office (AGU) will be contacted to issue a final opinion.
The Finance continues to be responsible for the authorization request
Interministerial Ordinance MF/MESP/AGU nº 28, published this Thursday (23), defines the powers and procedures for applying the law on sports betting and online games. Thus, according to Ordinance 827, the Prizes and Betting Secretariat (SPA) of the Ministry of Finance is responsible for requesting authorization.
However, with the new determination, final authorization will only be granted after the approval of the Ministry of Sports.
In situations of disagreement between the SPA and the Ministry of Sports, the AGU will step in to provide an opinion. The AGU will be responsible for resolving any conflict of analysis between the two ministries.
The main points established by Ordinance No. 28 are:
- Registration in SIGAP: All authorization requests must be registered in the Betting Management System.
- Joint Analysis: SPA will carry out the initial analysis and forward the request to the Ministry of Sports for a joint review.
- Sports Integrity: Both ministries have the responsibility to ensure the integrity and unpredictability of sports results.
- Signs of an Attack on Integrity: The Ministry of Sports must inform the SPA of any signs of facts that undermine the integrity and unpredictability of sporting events.
INTERMINISTERIAL ORDINANCE MF/MESP/AGU No. 28, OF MAY 22, 2024
Provides for the duties and procedures of the Ministry of Finance, the Ministry of Sports and the Federal Attorney General’s Office in the application of Law No. 13,756, of December 12, 2018, and Law No. 14,790, of December 29, 2023, observing the provisions of Law No. 14,597, of June 14, 2023.
THE MINISTER OF STATE FOR FINANCE, THE MINISTER OF STATE FOR SPORT AND THE ATTORNEY GENERAL OF THE UNION, in the use of the powers conferred on them by art. 87, sole paragraph, items I and II, of the Constitution, art. 1st, item 1st, item I, of Annex I of Decree No. 11,343, of January 1, 2023, and art. 4th, item XI, of Complementary Law No. 73, of February 10, 1993, and in view of the provisions of art. 29, § 3, of Law No. 13,756, of December 12, 2018, in arts. 6th and 9th of Law No. 14,790, of December 29, 2023, and in arts. 9th and 177 of Law No. 14,597, of June 14, 2023, resolve:
Art. 1 This Ordinance provides for the duties and procedures of the Ministry of Finance, the Ministry of Sports and the Attorney General’s Office in the application of Law No. 13,756, of December 12, 2018, and Law No. 14,790, of December 29 2023, observing the provisions of Law No. 14,597, of June 14, 2023, and Complementary Law No. 73, of February 10, 1993.
Art. 2 The administrative procedure for requesting authorization for the commercial exploitation of fixed-odd bets throughout the national territory is set out in specific regulations, issued by the Prizes and Bets Secretariat of the Ministry of Finance.
Art. 3 The Secretariat of Prizes and Bets of the Ministry of Finance is responsible for authorizing the commercial exploitation of the lottery modality of fixed-odd betting, after the consent of the Ministry of Sports, which will express itself within forty-five days of the submission that treats §2, applying the approval rule analogous to that set out in section IX of art. 3rd of Law No. 13,874, of September 20, 2019.
§ 1 The request for authorization for commercial exploitation of the fixed-odd lottery betting modality will be registered in the Betting Management System – SIGAP and submitted to prior examination by the Prizes and Betting Secretariat of the Ministry of Finance.
§ 2 After the prior examination referred to in § 1, the authorization request will be submitted electronically to the Ministry of Sport.
§ 3 The technical team of the Ministry of Sports will have access to the Betting Management System – SIGAP with an access level compatible with the analysis and manifestation referred to in the caput.
§ 3 In case of discrepancy between the prior examination carried out by the Prizes and Betting Secretariat of the Ministry of Finance referred to in § 1 and the statement from the Ministry of Sport referred to in the caput, the matter will be submitted to the Attorney General of the Union , in accordance with the provisions of item XI of art. 4th, of Complementary Law nº 73, of February 10, 1993.
Art. 4 The Prizes and Bets Secretariat of the Ministry of Finance and the Ministry of Sports are responsible for ensuring, within the scope of their powers, the integrity of the unpredictability of events and sporting results, which are the subject of fixed-odd bets.
Single paragraph. In exercising its competence in preventing and combating practices that undermine sporting integrity and sporting results referred to in art. 9th of Law No. 14,597, of June 14, 2023, the Ministry of Sports will communicate to the Secretariat of Prizes and Bets of the Ministry of Finance about the evidence of an established fact that undermines the integrity and unpredictability of sporting events and results, when possible of fixed odds betting, for the purpose of applying the penalties within its competence, provided for in art. 41 of Law No. 4,790, of 2023.
Art. 5 It is up to the Ministry of Sports to define and maintain updated and, with public access, the list of sports modalities and sports entities that can be the subject of bets on real sports-themed events referred to in item I of art. 3rd of Law No. 14,790, of 2023.
Art. 6 This Ordinance comes into force on June 3, 2024.
FERNANDO HADDAD
Minister of State for Finance
ANDRÉ LUIZ CARVALHO RIBEIRO
Minister of State for Sport
JORGE RODRIGO ARAUJO MESSIAS
Attorney General of the Union
