Governo publica regras para repasses de apostas esportivas já para 2025
Imagem: Agência Brasil / Marcelo Camargo

The Prizes and Bets Secretariat of the Ministry of Treasury published, this Monday (13), ordinance SPA/MF No. 1,902. It regulates the transfer of revenue from fixed-odd online bets. The new rules follow Law No. 13,756/2018 and its updates by Law No. 14,790/2023.

Operators must begin transfers from January 1, 2025, on a monthly basis, allocating resources to legal beneficiaries. The guidelines include specific percentages for areas of sport and civil entities.

Distribution of online betting resources

The ordinance, signed by secretary Régis Dudena, defines the following allocation of resources from online betting:

For sport (36%):

  • 7.30%: Entities of the National Sports System and Brazilian athletes.
  • 2.20%: Brazilian Olympic Committee (COB).
  • 1.30%: Brazilian Paralympic Committee (CPB).
  • 0.70%: Brazilian Club Committee (CBC).
  • 0.50%: Brazilian Confederation of School Sports (CBDE).
  • 0.50%: Brazilian Confederation of University Sports (CBDU).
  • 0.30%: Brazilian Confederation of Paralympic Cycling (CBCP).

For civil entities (0.50%):

  • 0.20%: National Federation of APAEs (Fenapaes).
  • 0.20%: National Federation of Pestalozzi Associations (Fenapestalozzi).
  • 0.10%: Brazilian Red Cross.

The transfers of online betting will be proportional to the revenue from the bets and will follow specific regulations for sports competitions.

Rules for using rights and considerations

Sports entities will receive amounts in return for the use of names, images and other intangible rights of athletes. These terms will be adjusted in civil contracts. When events are not organized by Brazilian entities, the funds will be allocated to the national organization of the corresponding modality.

International competitions with the participation of Brazilian athletes will follow the rules of the international betting market. In cases without specific regulations, operators must negotiate directly with organizers.

Operators will be able to create private non-profit associations to manage transfers. These entities will be supervised by the Ministry of Treasury and must adopt good governance and integrity practices.

Among the associations’ responsibilities are:

  • Rate and operationalize transfers.
  • Accountable to public authorities and beneficiaries.
  • Providing solutions to disputes and prevention of litigation.

Transfers of online bets begin on January 31, 2025. Operators must provision the amounts in a specific account from January 1, ensuring compliance with the standard.

A public consultation will be opened in six months to evaluate and adjust the resource allocation instruments. The Prizes and Betting Secretariat will also monitor irregularities.

The new regulation seeks to ensure that the resources generated by online betting are applied with transparency and concrete benefits to society. This marks an important step in the management of iGaming in Brazil.

Ordinance on online betting in full

Published on: 01/13/2025 | Edition: 8 | Section: 1 | Page: 19

Department: Ministry of Treasury/Secretariat of Prizes and Bets

SPA/MF ORDINANCE No. 1,902, OF DECEMBER 5, 2024

Regulates art. 30, § 1-A, item III, items “a” to “g” and “j”, and item VII, of Law No. 13,756, of December 12, 2018.

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 Law No. 13,756, of December 12, 2018, and Law No. 14,790, of December 29, 2023, resolves:

Art. 1 This Ordinance establishes procedures for the transfer of proceeds from the collection of fixed-odd lottery betting to the legal recipients indicated in art. 30, § 1-A, item III, items “a” to “g” and “j”, and item VII, of Law No. 13,756, of December 12, 2018.

Art. 2 The operating agents will transfer the proceeds from the collection, from January 1, 2025, of the fixed-odd lottery betting modality referred to in this Ordinance directly to the legal beneficiaries, on a monthly basis, in accordance with §§ 2 and 8th of art. 30 of Law No. 13,756, of 2018.

Art. 3 The transfers to entities of the National Sports System, in return for the use of their names, their sporting nicknames, their images, their brands, their emblems, their anthems, their symbols and similar for publicizing and executing the betting lottery fixed quota, the following must be carried out:

I – through the apportionment of resources in proportion to the revenue from the fixed-odd betting lottery received in each sporting competition; and

II – in accordance with the competition regulations or similar instrument that governs the division of resources provided for in art. 30, § 1º-A, item III, paragraph “a”, of Law No. 13,756, of 2018.

§ 1 The competition regulations must expressly provide for the distribution of the resources referred to in this article between the entities responsible for organizing the competition, the entities responsible for the respective competition and their athletes, and the procedures and means of payment for making the transfers.

§ 2º The consideration for the use or assignment of image rights and other intangible rights of athletes for the dissemination and execution of the fixed-odd betting lottery will be agreed in a contractual adjustment of a civil nature, in accordance with art. 87-A of Law No. 9,615, of March 24, 1998.

§ 3º When the participants of the sporting event are not part of an entity of the National Sport System and when the organization of the competition is not carried out by a Brazilian entity, the transfers will be fully reverted to the national organization for the administration of the modality that the event is about, in the form of the art. 30, § 7, item II of Law No. 13,756, of 2018.

§ 4 In the event that a national practice entity takes part in an international competition not organized by a Brazilian entity, the transfers must be made per match or game, separately, and will be divided equally between the national organization entity for the administration of the sport and the entities of national practice.

§ 5 In the case of foreign competitions with the participation of Brazilian athletes or clubs, the international competition rules for the international betting market will apply.

§ 6 In cases where there are no competition regulations, it will be up to the betting operator to contact the competition organizers to verify the possibility of stipulating specific rules on the subject, under penalty of impossibility of constituting the event as an object of betting. fixed quota.

§ 7 The investigation of irregularities related to competition regulations must be immediately communicated to the Ministry of Sports, for the adoption of any applicable administrative measures.

Art. 4 Operating agents may establish a non-profit private law association to order, systematize and rationalize the operationalization of the transfers referred to in this Ordinance.

§ 1 The association established based on this article will act exclusively in the apportionment and operationalization of transfers to legal beneficiaries.

§ 2 Operating agents may establish more than one association for the purposes set out in this Ordinance, simultaneous affiliation with more than one association is prohibited.

§ 3 With the act of affiliation, the association becomes the representative of the operating agent for the purposes of carrying out the transfers of the allocation of resources regulated in this Ordinance, as well as for the rendering of accounts before the Public Power and legal beneficiaries, without prejudice to the responsibility of betting operating agents.

Art. 5 The associations created based on this Ordinance are responsible for:

I – receive, from the operating agents, the financial contributions provided for in art. 30, § 1º-A, item III, items “a” to “g” and “j”, and item VII, of Law No. 13,756, of 2018;

II – transfer the amounts owed to the legal beneficiaries on a monthly basis, indicating the volume of bets collected in each competition subject to fixed-odd bets;

III – send monthly the data received from betting operating agents and those relating to calculations and payments to the Prizes and Bets Secretariat;

IV – provide an annual account of the transfers made to the Public Authorities and legal beneficiaries;

V – adopt the best integrity and corporate governance practices in the management of the resources covered by this Ordinance;

VI – undergo an annual independent audit;

VII – provide mechanisms for consensual dispute resolution and litigation prevention to resolve issues relating to the transfers provided for in this Ordinance;

VIII – report to the competent authorities any irregularities in the transfers referred to in this Ordinance; and

IX – adopt other actions compatible with the scope of this Ordinance.

Art. 6 Associations created based on this Ordinance will be monitored and inspected by the Ministry of Treasury.

Art. 7 Operating agents must start monthly transfers from January 31, 2025.

§ 1 If the operating agent chooses to join, the amounts referring to the transfers regulated in this Ordinance must be provisioned from January 1, 2025, in a current account opened specifically for this purpose, until the association is in full operation, in maximum period of 3 (three) months from the date of publication of this Ordinance, extendable for an equal period, by act of the Prizes and Betting Secretariat of the Ministry of Treasury.

§ 2 Documents proving the provisioning must be sent to the Prizes and Betting Secretariat, in accordance with Ordinance SPA/MF nº 722, of May 2, 2024.

§ 3 The authorized betting operator must communicate the option referred to in § 1 to the Prizes and Betting Secretariat by January 31, 2025, by electronic means.

§ 4 The betting operator with a request for authorization under analysis must communicate the option referred to in § 1 to the Prizes and Bets Secretariat within the period referred to in art. 14 of Ordinance SPA/MF nº 827, of May 21, 2024, by electronic means.

§ 5 If a specific association is not established within the period set out in § 1, the amounts corresponding to the transfers must be immediately sent to the legal recipients, in accordance with this Ordinance.

Art. 8 The Prizes and Betting Secretariat will disclose the data on the transfer of values ​​referred to in art. 30, § 1-A, item III, items “b” to “g” and “j”, and item VII, of Law No. 13,756, of 2018.

Art. 9 The destinations referred to in § 1-A of art. 30 of Law No. 13,756, of 2018, consider the proceeds from the collection resulting from all types of fixed-odd betting, virtual or physical, which have as their object both real sports-themed events and virtual online gaming events.

Single paragraph. In cases where the operating agent does not operate bets that have real sporting events as their object, there will be no distribution of values ​​referred to in subparagraph “a” of item III of § 1º-A of the art. 30 of Law No. 13,756, of 2018.

Art. 10 The betting operating agent must keep at the disposal of the Prizes and Betting Secretariat the documentation that proves the transfers to legal beneficiaries directly for a period of 5 (five) years.

Art. 11 A public consultation will be instituted for the evaluation and eventual restructuring of the value allocation instruments referred to in this Ordinance within 6 (six) months of its publication.

Art. 12 This Ordinance comes into force on the date of its publication.

REGIS ANDERSON DUDENA