The Ministry of Sports published last Monday (11) MESP Ordinance No. 109. It aims to strengthen sporting integrity in the country and combat fraud and manipulation of results in betting competitions.
In other words, the new standard establishes strict monitoring guidelines and encourages partnerships with betting operators. This makes it easier to identify and prevent irregularities that could harm transparency and safety in sports.
Preventing and combating match manipulation
Thus, the ordinance determines that betting sites inform the Ministry of Sports about possible violations that affect the integrity of the events. Furthermore, the department is committed to collaborating in investigations and promoting awareness-raising actions.
Therefore, educational programs will focus on raising awareness among athletes, referees and other sports professionals. With this initiative, we seek to guarantee a safe and fair sporting environment.
Therefore, the ordinance also establishes a specific administrative process to investigate suspected manipulation, led by the Sports Betting Integrity Directorate.
In this way, this body will be able to pass on relevant information to the Public Ministry and the Fair Play Defense Committee, seeking quick and effective actions.
Therefore, with precautionary measures and protection guaranteed to whistleblowers, the ordinance reinforces the fight against manipulation and ensures the integrity of Brazilian sport.
MESP ORDINANCE No. 109, OF NOVEMBER 11, 2024
Regulates measures to promote the integrity of sporting results and competition monitoring mechanisms, aiming to prevent and combat manipulation of results in the context of sports betting.
THE MINISTER OF STATE FOR SPORT, in the use of the powers conferred on him by art. 87, sole paragraph, items I and II, of the Federal Constitution, art. 1st, item I, of Annex I of Decree No. 11,343, of January 1, 2023, and art. 177 of Law 14,597, of June 14, 2023, resolves:
Art. 1 This ordinance regulates measures to promote the integrity of sporting results and mechanisms for monitoring competitions, aiming to prevent and combat manipulation of results in the context of sports betting.
CHAPTER I
PRELIMINARY PROVISIONS
Art. 2 For the purposes of this Ordinance, a legal entity with authorization from the Prizes and Betting Secretariat of the Ministry of Treasury and approval from the Ministry of Sports to operate fixed-odd bets is considered a betting operator.
CHAPTER II
COMMUNICATION TO THE MINISTRY OF SPORT ABOUT SUSPECTED MANIPULATION OF SPORTS RESULTS
Art. 3 The Ministry of Sports may receive information and enter into partnerships with operating agents, aiming to collect, among others, the following information:
I – changes to policies, rules, codes of conduct or other mechanisms that aim to guarantee the integrity of betting on sporting events;
II – violation or suspected violation of policies, rules, codes of conduct or other mechanisms related to the integrity of betting on sporting events;
III – initiatives to investigate possible violations or suspicions of result manipulation in the context of sports betting; and
IV – result of investigation of any violation or suspicion that undermines the integrity of betting on sporting events.
§ 1 The Ministry of Sports, upon receiving such information, will be able to collaborate in investigating the facts, in order to contribute to maintaining the integrity of sports betting.
§ 2º Within the scope of the agreements signed by the Ministry of Sports with the operating agents, the promotion of awareness-raising, education and training actions may be envisaged, including for athletes, coaches, referees, club professionals, athlete managers and people with governance positions or sports administration, aiming to strengthen the fight against the manipulation of results of sporting events, with the development of educational plans that may involve the participation of sports organizations and civil society.
CHAPTER III
INSTRUCTIONAL PROCEDURE RITE
Section I
Preliminary Provisions
Art. 4 The administrative administrative process for investigating evidence of fact that undermines the integrity and unpredictability of sporting events and results, when subject to fixed-odd betting, in the context of sports betting, will be initiated and instructed by the Integrity Department in Sports Betting of the National Secretariat of Sports Betting and Economic Development of Sports of the Ministry of Sports, in compliance with art. 4th, sole paragraph, of Interministerial Ordinance MF/MESP/AGU no. 28, of May 22, 2024.
Art. 5 The manifestations will be presented, preferably, in electronic form, through the Integrated Ombudsman and Information Access Platform – Fala.BR, as provided for in art. 16, Decree No. 9,492, of September 5, 2018. If there is any technical impossibility, or if the user requests another means, alternatives may be adopted, respecting the provisions of Law No. 14,129, of March 29, 2021, especially in situations that involve a risk of damage relevant to the speed of the process.
Art. 6 The filing of documents in the administrative 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 Sports, in Brasília.
Art. 7 Procedural instruction will be conducted by the Sports Betting Integrity Board in accordance with the procedures established in Law No. 9,784, of January 29, 1999, ensuring respect for the rights of those involved and compliance with the principles of legality, transparency and due legal process.
Single paragraph. The decision of the Director of Integrity in Sports Betting will be appealed to the National Secretary of Sports Betting and Economic Development of Sport, who will be responsible for making the final decision on the matter.
Section II
Precautionary Measures
Art. 8th. The Ministry of Sports, based on prior analysis of the complaint, may, based on sufficient elements, and if necessary, ensure the effectiveness of the decision that may be taken and the absence of losses that are difficult or impossible to repair for interested parties or violation of rights guaranteed by law, immediately forward the case to the Ministry of Treasury, the Committee for the Defense of Fair Play (COB), the respective Courts of Sports Justice and the Public Prosecutor’s Office, for knowledge of the facts and adoption of precautionary measures within the scope of their respective skills.
CHAPTER IV
THE FINAL RESULT OF THE SURVEY
Art. 9th. The final result of the investigation that recognizes the existence of a fact that undermines the integrity and unpredictability of sporting events and results, when subject to fixed-odd betting, will be forwarded to the Prizes and Betting Secretariat of the Ministry of Treasury, as provided in art. . 4th of Interministerial Ordinance MF/MESP/AGU nº 28, of May 22, 2024, when within its competence.
Single paragraph. In any case, the final result of the investigation will be forwarded to the Committee for the Defense of Fair Play (COB), the respective Courts of Sports Justice, the Public Ministry, the Federal and Civil Police, for knowledge and adoption of legal measures, within the scope of their respective competencies.
CHAPTER V
PREVENTING AND COMBATING BETTING MANIPULATION
Art. 10. The Ministry of Sports may enter into partnerships with organizations specialized in sports integrity so that suspicious patterns and anomalous behaviors at sporting events in the context of sports betting can be detected through monitoring systems.
CHAPTER VI
COMPLAINTS
Art. 11. Irregularities identified by citizens in the context of sporting events in the context of sports betting may be referred to the Ministry of Sports Ombudsman channel.
CHAPTER VII
PROTECTION AND SUPPORT FOR REPORTERS
Art. 12. For whistleblowers who communicate information about violations of sporting events in the context of sports betting, the confidentiality of the communication and data protection is maintained, preserving them from any retaliation.
Art. 13. This Ordinance comes into force on the date of its publication.
ANDRÉ LUIZ CARVALHO RIBEIRO
