In a session held last Tuesday (3), senator Marcos Rogério presented a request to the Parliamentary Commission of Inquiry, known as Bets CPI. The document requests immediate actions to investigate and regularize the sector, aiming to protect public finances and ensure compliance with current legislation.
According to the document, the parliamentarian requests the immediate suspension of authorizations granted by the Prizes and Betting Secretariat of the Ministry of Treasury through a national list of betting companies, with the exception of those companies accredited within the States.
Furthermore, Senator Marcos Rogério demands that the National Telecommunications Agency (Anatel) block all websites of companies included in the national list, as well as the removal of the Secretary of Prizes and Bets, Regis Anderson Dudena, “until the completion of the process of supervision in question”.
Senator’s request to the Bets CPI
The request presented to the CPI das Bets highlights the need to suspend irregular authorizations and investigate possible administrative irregularities. Below is the application in full:
Request No. OF – CPIBETS
Mr President,
I request, under the terms of art. 148 of the Internal Regulations of the Federal Senate, that a letter be forwarded to the Federal Audit Court (TCU) so that the following measures can be adopted:
- The establishment of an investigation procedure to verify the administrative conduct that allowed the irregular entry of new companies into the exploration of the activities described, as well as the undue granting of tax and tax benefits, the waiver of tax and non-tax revenue.
- The adoption of the following precautionary measures, in addition to others that the Court of Auditors deems relevant:
- The immediate suspension of authorizations granted by the Prizes and Betting Secretariat of the Ministry of Treasury through a “national list of companies that can offer fixed odds bets”, with the exception of those companies accredited within the States.
- The issuance of a determination to the National Telecommunications Agency (Anatel) for the immediate blocking of all websites of companies included in the “national list of companies that can offer fixed odds bets” of the Prizes and Bets Secretariat of the Ministry of Treasury, with the with the exception of those companies accredited within the States.
- The precautionary removal of Mr. Regis Anderson Dudena, Secretary of Prizes and Bets at the Ministry of Treasury, until the conclusion of the inspection process in question.
Justification
Considering the serious facts reported in previous statements, indicators of probable illicit money laundering, tax evasion and currency evasion, as well as waiver of tax and non-tax revenues, based on the identification of conduct that resulted in the waiver of revenue by the Union , without due observance of the requirements set out in art. 14 of Complementary Law No. 101/2000 (Fiscal Responsibility Law), and outside the strictly foreseen hypotheses, including the absence of an estimate of budgetary-financial impact and the absence of compensation measures, in an amount exceeding R$3 billion reais.
Considering the evidence that the Ordinances published by SPA/MF promoted, as well as the publication of a “national list” by SPA/MF, with authorizations for operation until December 31, 2024, with effective provision of lottery services delegated to private entities without carrying out a bidding process, in apparent violation of the principles of legality, impersonality, morality, publicity and efficiency (art. 37, caput, of the Federal Constitution), as well as the obligation to bidding for the delegation of public services (art. 175, sole paragraph, item I, of the CF).
Considering the evidence of use of an “adaptation period” to favor companies, through the practice of administrative acts that unduly allowed the creation and operation of new companies not eligible for the exploration of activities, during a period originally established for the adaptation of companies already in operation. These acts were supported by illegal interpretations carried out by public managers, to the detriment of the treasury, and resulted in the granting of fiscal and tax benefits incompatible with current legislation.
Considering, also, the public and notorious participation of offshore companies, based in jurisdictions known for a favored tax regime, acting directly in the exploitation of services, compromising the transparency and traceability of financial flows related to public revenues.
Considering, finally, the possible damage to the treasury and direct offense to the constitutional principles of public administration and responsible fiscal management. Furthermore, the participation of offshore companies without due supervision may constitute a risk of money laundering and tax evasion, requiring in-depth investigation to ensure the integrity of public finances and the protection of the public interest.
And with the aim of investigating the growing influence of virtual online betting games on the budget of Brazilian families, in addition to the possible association with criminal organizations involved in money laundering practices, as well as the use of digital influencers in the promotion and dissemination of these activities, I ask for support from Peers in approving this Request.
Commission Room, December 3, 2024.
Senator Marcos Rogério (PL – RO)”
