The Prizes and Betting Secretariat continues to publish a series of ordinances to regulate the Brazilian market. This Thursday (1st), the municipality published three regulations, highlighting Ordinance SPA/MF No. 1,233.
This is because it defines the sanctioning regime within the scope of the commercial exploitation of the lottery modality of fixed-odd betting. According to the ordinance, the following actions constitute an administrative infraction:
- Exploring the modality without prior authorization;
- Carry out operations or activities that are prohibited, unauthorized or in disagreement with the authorization granted;
- Make it difficult to monitor the Prizes and Betting Secretariat of the Ministry of Treasury;
- Fail to provide documents, data or information whose sending is required by legal or regulatory rules;
- Transmit incorrect documents, data or information or those that do not comply with the deadlines and conditions established in legal or regulatory standards;
- Disseminate advertising or commercial propaganda from irregular operators;
- Execute, encourage, allow or, in any way, contribute or contribute to practices that undermine sporting integrity, the uncertainty of the sporting result;
- Failure to comply with legal and regulatory standards.
SPA/MF ORDINANCE No. 1,233, OF JULY 31, 2024
THE SECRETARY OF PRIZES AND BETS OF THE MINISTRY OF TREASURY, 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, and in Chapter X of Law No. 14,790, of December 29, 2023, resolves:
CHAPTER I: PRELIMINARY PROVISIONS
Art. 1 This Ordinance regulates the sanctioning regime within the scope of the commercial exploitation of the lottery modality of fixed-odd betting, referred to in art. 29 of Law No. 13,756, of December 12, 2018, and Law No. 14,790, of December 29, 2023.
CHAPTER II: INFRINGEMENTS
Art. 2 Constitutes an administrative infraction punishable under the terms of Law No. 14,790, of December 29, 2023, or other legal and regulatory rules applicable to the fixed-odd betting lottery, compliance with which is supervised by the Ministry of Treasury, without prejudice to the application of other penalties provided for in current legislation:
I – explore the lottery modality of fixed-odd bets without prior authorization from the Prizes and Bets Secretariat of the Ministry of Treasury;
II – carry out operations or activities that are prohibited, unauthorized or in disagreement with the authorization granted;
III – hinder the inspection of the Prizes and Betting Secretariat of the Ministry of Treasury;
IV – fail to provide the Betting Prize Secretariat of the Ministry of Treasury with documents, data or information whose remittance is required by legal or regulatory standards;
V – provide the Betting Prizes Secretariat of the Ministry of Treasury with incorrect documents, data or information or those that do not comply with the deadlines and conditions established in legal or regulatory standards;
VI – disseminate advertising or commercial advertising from fixed-odd betting lottery operators not authorized by the Ministry of Treasury;
VII – execute, encourage, allow or, in any way, contribute or contribute to practices that undermine sporting integrity, the uncertainty of the sporting result, the transparency of the rules applicable to the sporting event, equality between competitors and any other form of fraud or undue interference capable of affecting the smoothness or health of conduct associated with the proper performance of the sporting activity; It is
VIII – fail to comply with legal and regulatory standards whose compliance is the responsibility of the Ministry of Treasury to monitor.
§ 1º It constitutes an embarrassment for inspection to deny or hinder access to data and information systems and not display or provide documents, papers and books of records, including in electronic media, within the deadlines, in the forms and under the conditions established by the Awards Secretariat and Bets of the Ministry of Treasury, in the exercise of its inspection activities.
§ 2º For the purposes of the provisions of section II of the caput, any illegal activity related to the exploitation of the lottery modality of fixed-odd betting is considered prohibited activity.
Art. 3 In cases of non-compliance with the duties provided for in arts. 10 and 11, of Law No. 9,613, of March 3, 1998, the penalties provided for in art will be applied, cumulatively or not. 12 of the same Law.
§ 1 In the cases referred to in the caput, an appeal may be made, within a period of ten days, without suspensive effect, against the decisions made by the Secretariat of Prizes and Bets, to the National Financial System Appeals Council – CRSFN, as provided for in Decree no. 9,889, of June 27, 2019.
§ 2º There will be no Term of Commitment for the infractions provided for in the caput.
CHAPTER III: SANCTIONAL PROCEDURE RITE
Section I
Preliminary Provisions
Art. 4 The administrative sanctioning process will be initiated, instructed and analyzed by the Subsecretariat for Monitoring and Inspection of the Secretariat of Prizes and Bets of the Ministry of Treasury.
Art. 5 After analysis, the administrative sanctioning process will be sent to the Subsecretariat for Sanctioning Action of the Secretariat of Prizes and Bets of the Ministry of Treasury, for decision.
Art. 6 Procedural acts and terms will be formalized, communicated and transmitted electronically, unless the user requests otherwise, in situations where this procedure is unfeasible, in cases of unavailability of electronic media or in the event of a risk of relevant damage to the speed of the process, observing the provisions of art. 6th of Law No. 14,129, of March 29, 2021.
§ 1 Procedural communications with interested parties will be carried out through physical or electronic addresses registered with the Prizes and Bets Secretariat of the Ministry of Treasury.
§ 2 The change of physical or electronic address previously registered with the Prizes and Betting Secretariat of the Ministry of Treasury must be communicated through a petition filed in the records of the administrative sanctioning process.
Art. 7 The filing of documents in the sanctioning administrative process must be carried out by the interested party, preferably in the Electronic Information System – SEI or another system that replaces it, or by request in the general protocol of the Headquarters Building of the Ministry of Treasury, in Brasília.
Art. 8 The right to consult the administrative process, pending a first instance decision:
I – will be restricted to those legitimated as interested parties, observing the provisions of art. 9th of Law No. 9,784, of January 29, 1999;
II – it must be requested by interested parties, preferably through the SEI or, alternatively, through the general protocol of the Ministry of Treasury Headquarters Building, in person, in Brasília; It is
III – will be made available upon indication of the electronic address to be registered for access to the SEI.
Art. 9 Procedural incidents alleged and not expressly regulated in this Ordinance will be decided by the competent authority and will not suspend the period or prevent the practice of ongoing or subsequent procedural acts or procedures.
Section II
Notifications and Subpoenas
Art. 10. The notification, an act intended to inform the interested party of the irregularities alleged against him and to allow him to exercise his right of defense, will be made in accordance with art. 6th and will contain:
I – identification of the interested party and the competent administrative body;
II – indication of the facts imputed to the interested party;
III – the purpose of the notification;
IV – the normative provision infringed;
V – the number of the sanctioning administrative process;
VI – the deadline for presenting the defense;
VII – information for accessing the process;
VIII – other information necessary for the interested party to follow the process;
IX – the name and electronic signature of the person responsible for the act; It is
X – indication of access restrictions, if any.
Single paragraph. The omission or incorrectness in the legal or regulatory capitulation or in the prescribed penalty does not invalidate the notification made, as long as the fact described therein constitutes an administrative infraction.
Art. 11. The subpoena, observing the form provided for in art. 6, constitutes an act intended to request information or steps and to inform the interested party of the acts and terms of the process, and will contain:
I – identification of the interested party and the competent administrative body;
II – the number of the sanctioning administrative process;
III – the object of the subpoena;
IV – the entire content of the administrative decision, when applicable;
V – indication of the deadline for providing information or carrying out the due diligence;
VI – information for accessing the process; It is
VII – the name and electronic signature of the person responsible for the act.
Art. 12. In the case of undetermined, unknown interested parties or those with an undefined address, notification and subpoenas will be made through official publication.
Section III
Deadlines
Art. 13. The deadline for carrying out a procedural act under the responsibility of the interested party will be ten days, unless otherwise legally revised.
§ 1 If there is more than one person interested in the same sanctioning administrative process, the deadlines will be counted individually.
§ 2 Deadlines will be counted in calendar days.
§ 3º The counting of the period for carrying out the act must exclude the day of beginning and include the day of expiration.
§ 4 The deadline that expires on weekends or holidays will be extended to the first following business day.
§ 5 The day of the beginning of the period is considered, in relation to notification and subpoena:
I – the date of receipt of the procedural document at the address:
a) physical form of the interested party, when delivery is made by post, with confirmation by Acknowledgment of Receipt (AR), duly signed; or
b) electronic from the interested party, by sending electronic correspondence, with confirmation of receipt and reading;
II- access to the procedural act in the SEI by the interested party; or
III – the official publication of the procedural act.
§ 6 Procedural acts received by the SEI will be considered timely when carried out before 11 pm, 59 minutes and 59 seconds on the day the deadline expires, according to official Brasília time, regardless of the time zone in which the interested party or his/her attorney is located.
§ 7 Procedural acts to be carried out in person will be restricted to the opening hours of the Ministry of Treasury.
§ 8 The date of delivery of documents is considered to be the date of their filing under the terms of art. 7th.
§9 In cases of communication by electronic mail, the period is considered to begin three days after confirmation of receipt if there is no confirmation of reading within that period.
Art. 14. A request for granting a new deadline for the practice of a procedural act in the event of a fortuitous event or force majeure that prevents the practice of the act by the interested party or their legal representative may be requested, to be analyzed by the Prizes and Betting Secretariat of the Ministry of Treasury.
Single paragraph. Once the occurrence of the event mentioned in the caput has been proven, a new deadline will be granted, on a motivated basis, for the practice of the procedural act.
Art. 15. The interested party may waive the period established exclusively in their favor, as long as they do so expressly in the records of the administrative sanctioning process.
Section IV
Of the Defense
Art. 16. The defense must be presented by the interested party or by an attorney appointed by him, within thirty days after notification.
§ 1 The defense presented by an attorney to which a power of attorney has not been attached will be considered valid, as long as it is presented to the Prizes and Bets Secretariat of the Ministry of Treasury within five days following the filing of the defense documents.
§ 2 After the period referred to in § 1 has elapsed without the representation being regularized, the defense will be considered non-existent and removed from the case file.
Section V
Of the Evidence
Art. 17. It is the responsibility of the interested party, in the defense, to gather the documents intended to prove their allegations and indicate the other evidence they intend to produce.
§ 1 The Subsecretariat for Monitoring and Inspection will reject, through a reasoned decision, illicit, impertinent, unnecessary or delaying evidence;
§ 2 Illegal evidence cannot be part of the sanctioning administrative process and, if produced, will be removed from the case file.
§ 3º Evidence or material the obtaining of which does not contravene the norms and principles of administrative law and due legal process, which is in accordance with the criteria of legality, legitimacy, respect for fundamental rights, transparency, will be considered lawful evidence. and advertising and proportionality.
§ 4 The use of evidence produced in another process, judicial or administrative, may be admitted, with the appropriate value being attributed to it by the competent authority, subject to the contradiction.
Art. 18. The interested party will be able to express their opinion, within ten days, on new evidence added to the case file by the Sub-Secretariat for Monitoring and Inspection after the defense phase.
Section VI
Of the Decision
Art. 19. Once the instruction and procedural analysis phase has been completed by the unit responsible for supervision, the administrative sanctioning process will be forwarded to the Subsecretariat for Sanctioning Action for decision in the first instance.
Single paragraph. The process sent to the Subsecretariat for Sanctioning Action must contain:
I – the report, which will contain the qualification of the interested party, a summary of the facts that motivated the initiation of the process and the defense allegations;
II – the foundations of fact and law; It is
III – the device in which the administrative authority will decide to apply administrative penalties or close the case.
Art. 20. The administrative decision in the first instance will determine, with motivation and indicating the facts and legal bases, the application of an administrative penalty or the closing of the administrative sanctioning process, when no irregularity is found.
Single paragraph. Before issuing the decision, the Sub-Secretariat for Sanctioning Action may return the sanctioning administrative process to the Sub-Secretariat for Monitoring and Inspection for any necessary steps or in cases in which it decides to give a new legal definition to the fact.
Section VII
Of the Review
Art. 21. An appeal may be filed against the administrative decision in the first instance, which must be presented within ten days as set out in art. 13.
§ 1 The filing of an appeal does not require a deposit.
§ 2 The administrative appeal against the first instance decision will be directed to the Subsecretariat for Sanctioning Action, which, if it does not reconsider within thirty days, will forward it to the higher authority.
§ 3º The interested party who disagrees with the decision made in the first instance may appeal to the head of the Prizes and Bets Secretariat of the Ministry of Treasury, who will decide within thirty days, from receipt of the sanctioning administrative process.
§ 4 The administrative sanctioning process will be processed in up to two administrative instances.
Art. 22. Administrative appeals will not be known when filed:
I – outside the deadline;
II – before an incompetent body;
III – by anyone who is not legitimized; and
IV – after exhausting the administrative sphere.
Art. 23. The interested party who, within the appeal period, expressly recognizes the commission of the administrative offense will be entitled to the mitigating factor provided for in art. 30, §6, item III.
§ 1 In the case of the caput, the payment of the amount of the fine applied must be made within thirty days, counting from the date of presentation of the recognition of the illicit act in the case file.
§ 2 Failure to pay the amount of the reduced fine within thirty days restores the requirement to charge the full amount of the fine applied.
Art. 24. Fines will be collected from the Single Account of the National Treasury, through the PagTesouro Portal (https://pagtesouro.tesouro.gov.br/portal-gru/#/pagamento-gru), by filling in the following information :
I – Collection body: 25000 – Ministry of Treasury;
II – Collection Management Unit: 170628 – Prizes and Bets Secretariat; and
III – Service: SPA – Fines.
Art. 25. Once the deadline for the appeal has passed without it having been filed, the Subsecretariat for Sanctioning Action will arrange for the unpaid debt to be registered in the Union’s Active Debt.
Section VIII
From the Suspensive Effect Request
Art. 26. Suspensive effect may be granted to the administrative appeal, in accordance with the sole paragraph of art. 61, sole paragraph, of Law No. 9,784, of January 29, 1999.
§ 1 The request for the appeal to be received with suspensive effect must be addressed to the authority issuing the decision and presented at the time of filing the appeal.
§ 2 The assessment of the request for suspensive effect on the appeal will take place in documents separate from the original sanctioning administrative process.
§ 3º The interested party may appeal the decision that denies the attribution of suspensive effect to the appeal, within five days, counting from the notification of the decision that denied the request.
§ 4 The appeal referred to in § 3 will be decided by the authority higher than that which issued the decision to deny the suspensive effect.
CHAPTER IV: PENALTIES
Section I
General Provisions
Art. 27. The administrative penalty will not cease to be applied:
I – due to the correction of the irregularity by the offender; It is
II – due to allegations of ignorance or misunderstanding of current legal or regulatory provisions.
Art. 28. The current standard applies:
I – the day on which the last infraction was committed, in cases of continued infraction; It is
II – the day on which the stay has ceased, in cases of permanent infraction.
Section II
Types of Penalties
Art. 29. The occurrence of infractions provided for in Law No. 14,790, of December 29, 2023, subjects the individual or legal entity to the following administrative penalties, individually or cumulatively, without prejudice to the application of penalties in the criminal and civil spheres:
I – warning;
II – in the case of a legal entity, a fine in the amount of 0.1% (one tenth percent) to 20% (twenty percent) on the proceeds of the collection after deducting the amounts referred to in items III and V of the caput of art. 30 of Law No. 13,756, of December 12, 2018, relating to the last year prior to the initiation of the administrative sanctioning process, which will never be less than the benefit obtained, when its estimation is possible, nor greater than R$ 2,000,000,000, 00 (two billion reais) per infraction;
III – in the case of other natural or legal persons governed by public or private law and any associations of entities or persons constituted in fact or in law, even temporarily, with or without legal personality, that do not carry out business activity, and it is not possible to use if the collection product is used as a criterion, the fine will be between R$50,000.00 (fifty thousand reais) and R$2,000,000,000.00 (two billion reais) per infraction;
IV – partial or total suspension of activities, for a period of up to one hundred and eighty days;
V – revocation of authorization;
VI – prohibition of obtaining ownership of a new authorization, grant, permission, accreditation, registration or similar act of release, for a maximum period of ten years;
VII – prohibition of carrying out certain activities or types of operation, for a maximum period of ten years;
VIII – prohibition on participating in bidding processes aimed at granting or permitting public services, in the federal public administration, directly or indirectly, for a period of no less than five years; It is
IX – disqualification from acting as a director or administrator and from holding a position in a body provided for in the statute or social contract of a legal entity that operates any lottery modality, for a maximum period of twenty years.
§ 1 One or more natural or legal persons may be considered, individually or jointly, responsible for the same infraction.
§ 2 The warning referred to in item I of the caput will be applied observing the primacy provided for in § 6 of the art. 30.
§ 3 If the application of the warning referred to in section I of the caput does not result in the regularization of the verified condition, the fines provided for in sections II and III of the caput will be applied.
§ 4 The fine provided for in section II of the caput applies to legal entities holding authorization.
§ 5. If it is not possible to set a base penalty for the application of the fine provided for in § 4, due to the lack of collection in the year prior to the initiation of the process or the impossibility of estimating the advantage obtained, it applies to the holder of the authorization of the fine provided for in item III of the caput.
§ 6º The partial or total suspension of the exercise of the activities referred to in section IV of the caput will be applied in cases where the continuity of the activity results in an increase in the damage, considering the lapse of time sufficient to comply with the determination and observing the limit maximum of one hundred and eighty days.
Section III
Dosimetry
Art. 30. When applying penalties, the following will be considered:
I – the severity and duration of the infraction;
II – the primacy and good faith of the offender;
III – the degree of injury or the danger of injury to the national economy, sport, consumers or third parties;
IV – the advantage gained by the offender;
V – the economic capacity of the offender;
VI – the value of the operation; It is
VII – recidivism.
§ 1 Extenuating circumstances cannot reduce penalties to a level below that established in this Ordinance.
§ 2º An offender who does not have an administrative conviction in the last administrative instance, against which there is no further appeal, is considered a primary offender, for violations of legislation or regulations applicable to the operation of lotteries.
§ 3 The penalty will be doubled if the infraction involves the placing of fixed-odd bets by a person under eighteen years of age.
§ 4 The penalty will be applied considering the proportionality between the severity of the damage and the intensity of the infraction.
§ 5 The following are considered aggravating circumstances:
I – recidivism;
II – when the offender commits the infraction:
a) through fraud or concealment;
b) failing to take measures to avoid or mitigate its consequences, having knowledge of the harmful act; and
c) taking advantage of the victim’s cultural, social or economic condition.
III – when the commission of the infraction produces or may produce the following effects:
a) systematic indiscipline in the fixed odds betting market in relation to the rules and regulations of the Ministry of Treasury;
b) violation of the rights of children and adolescents; It is
c) considerable collective damage to bettors or third parties.
§ 6 Extenuating circumstances are considered, capable of reducing the penalties referred to in items II, III, IV, VI, VII, VIII and IX of art. 29 by up to 50% (fifty percent):
I – the primacy of the offender;
II – the good faith of the offender;
III – recognition of the illicit practice by the offender;
IV – reduced damage to bettors or third parties; It is
V – the adoption of measures by the offender to minimize or immediately repair the effects of the damage.
Section IV
Precautionary measures
Art. 31. The following measures may be applied, as a precautionary measure, before the initiation or during the course of the administrative sanctioning process, when the requirements of verisimilitude and the danger of delay, in a reasoned decision, are met:
I – temporary deactivation of instruments, equipment, systems or other objects and components intended for the operation of machines and installations;
II – temporary suspension of premium payments;
III – collection of issued tickets; It is
IV – other precautionary measures necessary to protect the protected legal asset.
Single paragraph. The notification of the determination of a precautionary measure will contain a warning that failure to comply within the prescribed period will subject the administrator to the payment of a punitive fine.
Art. 32. If there is a well-founded suspicion of manipulation of results or other similar fraud, the Prizes and Betting Secretariat of the Ministry of Treasury may determine, as a precaution:
I – the immediate suspension of bets and withholding of prize payments in relation to the suspicious event;
II – the suspension or prohibition, for one or more operating agents, of betting on intercurrent or specific events occurring during the test, match or suspected dispute, other than the specific prediction of the result; It is
III – other restrictive measures designed to avoid or mitigate the consequences of practices that violate the integrity of sport.
§ 1º The Prizes and Bets Secretariat of the Ministry of Treasury will communicate to the competent public administration bodies and entities, when verified the occurrence of signs of infringement in an area subject to their supervision.
§ 2º In cases where the Prizes and Bets Secretariat of the Ministry of Treasury understands that the identified signs are sufficient to characterize an infraction, the communication referred to in §1º may occur before the initiation or judgment of administrative sanctioning proceedings.
Art. 33. Failure to comply with precautionary measures, as well as refusal, omission, falsehood or unjustified delay in providing information or documents required by the Secretariat of Prizes and Bets of the Ministry of Treasury in the exercise of its supervisory duties, subject the offender to paying a punitive fine in the amount of R$ 10,000.00 (ten thousand reais) to R$ 200,000.00 (two hundred thousand reais) per day.
§1 The compensatory fine will apply from the first business day following the end of the period established by the Secretariat of Prizes and Bets of the Ministry of Treasury for compliance with the measures referred to in the caput and will last until the determination is complied with.
§2 The daily value of the fine referred to in the caput will be defined according to the severity of the conduct and the results of non-compliance.
Section V
Continuity of infringement
Art. 34. A continuous infraction is considered to be one in which the agent, through more than one action or omission, commits two or more infractions of the same type and, due to the conditions of time, place, manner of execution and other similarities, the subsequent be taken as a continuation of the first, for the purpose of applying the penalty.
§ 1 Once the continuous nature of the infractions has been determined, the penalty will be applied for just one of the infractions, if identical, or the most serious one, if several, increased, in any case, by up to 50% (fifty percent).
§ 2. Infringements committed continuously and which have occurred within a period of one year must be the subject of a single administrative sanctioning process.
§ 3º If the existence of more than one sanctioning process under the terms of § 2º is established, these must preferably be brought together for judgment.
§ 4 A permanent infraction is considered to be one whose execution continues over time, ending only when the conduct described in the sanctioning type ceases.
Section VI
Of Recidivism
Art. 35. Recidivism occurs when the offender commits a new offense of the same nature within a period of three years following the date of the final administrative sentencing decision relating to the previous offense.
Art. 35. Recidivism occurs when the offender commits a new offense of the same nature within a period of three years following the date of the final administrative sentencing decision relating to the previous offense.
Section VII
Prescription
Art. 36. Prescribes the punitive action referred to in this Ordinance in five years, counting from the date of the act or, in the case of a permanent infraction, from the day on which it ceased.
§ 1 The statute of limitations applies to administrative proceedings that have been suspended for more than three years, pending judgment or order, the records of which will be archived ex officio or upon request from the interested party, without prejudice to the determination of functional responsibility resulting from the interruption, if applicable.
§ 2 When the fact subject to the Administration’s punitive action also constitutes a crime, the prescription will be governed by the period provided for in criminal law.
§ 3 The prescription of punitive action is interrupted:
I – by notification or summons to the accused, including through official publication;
II – for any unequivocal act that requires the investigation of the fact;
III – by the appealable conviction decision; or
IV – for any unequivocal act that amounts to an express manifestation of an attempt at a conciliatory solution within the internal scope of the federal public administration, including the presentation of a proposed Term of Commitment.
Section VIII
Effectiveness and Execution of Decisions
Art. 37. Decisions that impose a fine penalty will be subject to a summons for collection within thirty days and, if there is no timely payment, will be forwarded for registration in the Union’s active debt.
Art. 38. The filing of an appeal against a decision that imposes penalties cumulatively does not prevent the execution of penalties that do not obtain a suspensive effec
Art. 39. The period for complying with the penalty of prohibition of carrying out certain activities or types of operation will begin on the date on which the decision begins to take effect.
§ 1 In cases where a suspensive effect is granted to the appeal filed against the decision that applies the penalty referred to in the caput, the period for complying with the penalty will begin on the day of publication of the appeal decision, if unfounded.
§ 2 In cases where an appeal is filed without suspensive effect against the decision that applies the penalty referred to in the caput, the period for complying with the penalty will begin on the day of publication of the appealed decision.
CHAPTER V: TERM OF COMMITMENT
Art. 40. In a duly substantiated judgment of convenience and opportunity, with a view to meeting the public interest, the Prizes and Betting Secretariat of the Ministry of Treasury may fail to institute or suspend, at any stage that precedes the taking of the first instance decision , the administrative process aimed at investigating an infraction provided for in Law No. 14,790, of December 29, 2023, if the interested party signs a commitment term in which they are obliged to, cumulatively:
I – cease the practice under investigation or its harmful effects;
II – correct the irregularities highlighted and compensate for the losses; It is
III – comply with the other conditions that are agreed in the specific case, with mandatory payment of a pecuniary contribution to the Single Account of the National Treasury.
Art. 41. The initiative to propose the execution of a term of commitment lies with the interested party or their duly constituted legal representative, in the case of a legal entity, or the Subsecretariat for Sanctioning Action.
§ 1 The proposal for a term of commitment may only be presented once in relation to the same fact.
§ 2 The proposal for a term of commitment may, at the request of the interested party or upon a reasoned decision by the Secretariat of Prizes and Bets of the Ministry of Treasury, be classified as a confidential document.
§ 3 The presentation of a proposed term of commitment suspends the counting of the limitation period.
§ 4 The public version of the term of commitment will be published on the Ministry of Treasury’s website within five working days, counting from the date of its signature.
§ 5 The term of commitment constitutes an extrajudicial executive title.
§ 6 The administrative process will be suspended from the publication of the term of commitment by the Ministry of Treasury, without prejudice to its resumption in the event of non-compliance with the committed obligations.
§ 7 The suspension of the course of the administrative process and the counting of the limitation period will only have effect in relation to the interested party who presented a proposal and signed a term of commitment, maintaining the course of the process and the counting of the period in relation to the other interested parties.
§ 8 The presentation of the proposal and the signing of the term of commitment will not result in confession as to the matter of fact nor in recognition of the illegality of the conduct analyzed.
§ 9 The administrative process will be archived at the end of the period set out in the commitment term, provided that all committed obligations are met.
Art. 42. Upon receipt of the proposed term of commitment, the Undersecretariat for Sanctioning Action will decide, within sixty days:
I – for outright rejecting the proposal, if it does not comply with the established legal requirements;
II – for subpoenaing the interested party to promote the addition of the proposal, to meet information or document requirements, within ten days of the date of receipt of the subpoena; or
III – by negotiating the terms and clauses of the proposal with the interested party, if the legal requirements of form and content are considered present, with a view to finding a solution that best meets the public interest.
§ 1 If the initial proposal for a term of commitment is presented to the Sub-Secretariat for Monitoring and Inspection, it will be immediately sent to the Sub-Secretariat for Sanctioning Action.
§ 2º The Subsecretariat for Sanctioning Action, after negotiation, will reject the proposal when it does not reach an agreement with the interested party regarding its terms and obligations.
§ 3 Once the period referred to in the caput has ended, the Sub-Secretariat for Sanctioning Action, if it decides for its continuation and viability, will send the proposal for a term of commitment to the Secretariat of Prizes and Bets of the Ministry of Treasuey, for a final decision regarding its execution.
§ 4 The Sub-Secretariat for Sanctioning Action may adopt measures to ensure that there are no merely delaying extensions on the part of the interested party in the course of negotiating the proposed term of commitment and, if it identifies unnecessary delays, it must assess the convenience and opportunity of continuing the negotiation, through duly reasoned decision.
Art. 43. The percentage reduction of the possible estimated pecuniary penalty will vary according to the scope and usefulness of the compromiser’s collaboration with the procedural instruction and the moment in which the commitment term is proposed.
Art. 44. The term of commitment will contain a provision for a penalty in the event of total or partial non-compliance with the committed obligations and in the event of default by the interested party.
Single paragraph. In the event of non-compliance with the term of commitment, the Subsecretariat for Sanctioning Action will adopt the administrative, extrajudicial and judicial measures necessary to carry out the obligations assumed and will determine the initiation or continuation of the sanctioning administrative process, in order to initiate or continue the investigation of infractions and the application of applicable penalties.
Art. 45 The provisions of this Chapter do not affect the legal duty of the Prizes and Betting Secretariat of the Ministry of Treasury to communicate to the Public Prosecutor’s Office and other competent public bodies about illegalities of which it is aware.
Art. 46. The term of commitment does not generate benefits in the criminal sphere.
CHAPTER VI: FINAL PROVISIONS
Art. 47. The penalties provided for in this Ordinance may be applied individually or cumulatively, through a reasoned decision, ensuring interested parties the right to full defense, contradictory proceedings and due administrative legal process.
Art. 48. The provisions of Law No. 9,784, of January 29, 1999, apply subsidiarily to this Ordinance.
Art. 49. The rules stipulated in this Ordinance will be applied from January 1, 2025.
Art. 50. This Ordinance comes into force on the date of its publication.
REGIS ANDERSON DUDENA
