Last Friday (24), the Government of Espírito Santo published Decree No. 5931-R, regulating state lottery services. This decree defines rules for the operation and exploration of lottery modalities, in addition to allocating profits to culture, sports, social assistance, leisure and tourism programs.
Signed by Governor Renato Casagrande, the decree is based on Complementary Law No. 1,069, of 2023, and State Law No. 1,928, of 1964.
Exclusive operation and authorized modalities
The decree determines that Banestes Loteria S.A. exclusively operates the public state lottery service, a subsidiary of Banco do Estado do Espírito Santo (Banestes S.A.).
Private companies can participate, but the majority shareholding control must remain with Banestes.
The decree authorizes the exploration of six lottery modalities in accordance with federal legislation: passive lottery, numerical predictions, specific prediction, sports prediction, instant and fixed-odd bets. The modalities can be sold physically and virtually.
Lottery products must follow strict criteria, such as clear rules published on the Banestes Loteria website, betting integrity and control against gambling addiction, recognized by the World Health Organization (WHO) since 2018. The state reverses unclaimed prizes within 90 days, benefiting the mentioned areas.
Allocation of State Lottery Profits
The decree determines that 11.5% of Banestes Loteria‘s net profit be allocated to the state, divided equally between four departments:
- State Secretariat for Culture (SECULT): Resources for the Culture Fund of the State of Espírito Santo (FUNCULTURA).
- Department of Sports and Leisure (SESPORT): Funding for the Sports and Leisure Incentive Fund (PRO-ESPORTE).
- Secretariat of Labor, Assistance and Social Development (SETADES): Transfers to the State Fund to Combat Poverty (FUNCOP).
- Tourism Secretariat (SETUR): Amounts allocated to the Tourism Promotion Fund (FUNTUR).
Accounting for these transfers must be formalized monthly by Banestes Loteria.
Inspection, rules, restrictions and penalties related to the state lottery
The Public Services Regulation Agency (ARSP) will be responsible for regulating, controlling and supervising the public lottery service in the state. Its responsibilities include issuing complementary regulations, developing actions against gambling addiction and ensuring transparency in processes.
Banestes Loteria must provide ARSP with all the information necessary to carry out regulatory and inspection activities. The decree prohibits the sale of lottery products to minors under 18 and people considered incapable, in accordance with current legislation.
Furthermore, the decree prohibits the exploitation of lottery modalities not provided for in federal legislation. In case of non-compliance, penalties are imposed, ensuring the right to full defense and contradictory proceedings.
