SÁB 20 DE ABRIL DE 2024 - 00:55hs.
Polemic amendments to MP 841/2018

Just five days to proposals submission, legislators complicate LOTEX tender

The Provisional Measure 841 promoted by Brazilian President Michel Temer, which provides for the allocation of proceeds from the collection of lotteries for public security actions, received 95 amendments from deputies and senators of the Mixed Commission, which must analyze it. Several of them ask to reduce the prizes and funds destined to costs of maintenance of the operating agent of the new LOTEX, only five days to the delivery of proposals to participate in the auction on July 4.

A new complication is added to the bidding process of LOTEX (Exclusive Instantaneous Lottery of Brazil) that has already gone through problems and delays. Now, legislators from both chambers submitted amendments to the Provisional Measure that seeks to reorder the resources of the lotteries to be used for public security.

The changes proposed by the deputies and senators of the Mixed Commission that the MP must analyze seek to redistribute the money for social resources and thus avoid the reduction of funds lost by the Ministries of Sports and Culture with the measure. For that, several of them ask to reduce the prizes (payout) of LOTEX that today are 65%. That number was approved by the TCU and is part of the edicts that foreign companies have already analyzed to apply for the concession of the new lottery.

For example, amendment 36 by Deputy Fábio Mitidieri (PSD-SE) proposes to reduce the prize of all lotteries and bring the LOTEX payout to 55%. Also the deputy Cristiane Brazil (PTB-RJ) in its amendment 39 requests to allocate a 3% to the National Fund of Culture (FNC) reducing to 62% the payment of prizes and the payment of income tax on the LOTEX prizes. Deputies Alexandre Valle (PR-RJ), Laura Carneiro (DEM-RJ) and Pedro Uczai (PT / SC) support this initiative through their own amendments.

The amendments of the deputies Weverton Rocha (PDT-MA) and Pedro Fernandes (PTB-MA) also join the request for a reduction of the money allocated to prizes to recover funds and redistribute them to the ministries and other social aspects. Even the deputy Juscelino Filho (DEM-MA) deepens the request for rebate and takes the payout of LOTEX to 55%.

At the same time, amendment 73 of Rio de Janeiro senator Romário (PODE) proposes to maintain the payout of LOTEX but calls to reduce from 18.3% to 8.3% the expenses of costing and maintenance of the operative agent of the new instant lottery. The 10% saved would go back to the Sports Ministry.

These changes proposed by legislators may have valuable reasons but at the same time they generate a climate of dangerous uncertainty for the process of granting LOTEX since the obligations and rights established in the edicts proposed to international companies can no longer be modified. The delivery of proposals is next Monday and the auction, on July 4.

At this time, the companies seek more details on what can happen at the parliamentary level with these amendments since, if any of them succeed after the auction, they would be changing the equations and profitability analysis of the business proposed by the Brazilian State through the Ministry of Fazenda and the BNDES.

Even among many amendments, stands out N° 74, of the deputy Erika Kokay (PT-DF) that asks to authorize the Caixa Econômica Federal to be able to participate in the process of concession of LOTEX as a partner with direct participation in the consortia that are interested:

Art x. - CAIXA ECONÔMICA FEDERAL is authorized to participate in the Exclusive Instant Lottery (LOTEX) Concession, dealt with in Law 13,155 of August 04, 2015 "(NR), or later with the acquisition of equity interests or with the integration of the winning consortium.

Source: GMB