The Brazilian government announced on August 1 that the Secretariat of Prizes and Betting of the Ministry of Finance (SPA/MF) will be able to conduct on-site inspections of betting companies. This measure is part of an ordinance published by the SPA, which regulates the monitoring and inspection of the activities of companies operating fixed-odds betting, ensuring they act in accordance with the legislation and regulations.
Regulations and Monitoring:
According to Ordinance SPA/MF No. 1,125/2024, the monitoring of betting operators will begin on January 1, 2025, when the regulated national betting market becomes operational. The monitoring will be carried out mainly through the Betting Management System (Sigap), a data processing system created by the Brazilian government for this purpose.
Combating Manipulation:
The monitoring will include specific measures to combat betting manipulation through the manipulation of sporting events. Betting operators will be required to report any signs of irregularities they detect or that are reported to them to the SPA/MF and the Public Prosecutor's Office.
Inspections and Penalties:
If strong signs of irregularities are detected, an inspection can be initiated, either from monitoring activities, complaints, denunciations, or public reports. Inspections will apply to both companies authorized by the SPA/MF and those not authorized to operate fixed-odds betting lotteries.
To conduct these inspections, the SPA may work with other public bodies, such as state, district, and federal police, and state and federal Public Prosecutors. Companies are required to cooperate during inspections and can be penalized if they obstruct the process.
Upon completing an inspection, a conclusion report will be drafted, which may propose archiving the case, imposing preventive or corrective measures, or initiating an administrative sanctioning process.
Coercive Measures:
Preventive measures may be applied before or during the sanctioning process, such as temporarily deactivating equipment, suspending prize payments, or retaining issued tickets. In cases of suspected result manipulation, the SPA may order the immediate suspension of bets and the retention of prize payments related to the suspected event.
Sanctioning Process:
If sanctioning is deemed necessary, the SPA's Subsecretariat of Monitoring and Inspection will initiate and analyze an administrative sanctioning process, which will be forwarded to the Subsecretariat of Sanctioning Action for a first-instance decision. Violations can include operating without authorization, performing unauthorized activities, or obstructing inspections.
Administrative penalties can include warnings, fines, suspension of activities, revocation of authorizations, and bans on operations for up to ten years. Additionally, offenders may be disqualified from participating in public tenders and holding managerial positions in the sector.
Summary of Penalties:
Penalties will be applied considering the severity of the infraction and the damage caused. Offenses will be aggravated if they involve betting by minors under 18. The SPA may also suspend administrative processes if offenders agree to correct irregularities and compensate for damages.
https://www.in.gov.br/en/web/dou/-/portaria-spa/mf-n-1.231-de-31-de-julho-de-2024-575670297
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