The measure complies with precautionary rulings granted by the Federal Supreme Court (STF) in Direct Actions of Unconstitutionality (ADIs) Nos. 7721 and 7723, and by the Federal Court of Accounts (TCU) in Process TC 023.126/2024-8.
Ordinance No. 2,217 amends Article 8 of SPA/MF Ordinance No. 1,231, which addresses Responsible Gaming, establishing that it is the duty of operators to prevent the registration or use of their betting systems by:
“VI – individuals diagnosed with gambling addiction, as evidenced by a report from a licensed mental health professional;
VII – individuals prohibited from betting by specific administrative or judicial decisions, when formally notified; and
VIII – beneficiaries of the Bolsa Família Program (Law No. 14,601, of June 19, 2023) and the Continuous Cash Benefit (Law No. 8,742, of December 7, 1993). (NR)"
Normative Instruction No. 22, in turn, establishes the procedures to be followed by fixed-odds betting operators to prevent registration or use of betting systems by beneficiaries of Bolsa Família and the BPC.
Operators must, in addition to other measures deemed appropriate, consult the Betting Management System (Sigap) to verify whether a user appears in the database of social program beneficiaries.
Consultations must be carried out at the time of user registration and on the first login of each day on the operator’s platform.
In addition, operators must perform queries to Sigap at least every fifteen days for all users registered in their systems, in order to identify those who may have been added to the database of social program beneficiaries.
The Sigap consultation must be made using the user’s CPF (Individual Taxpayer Registry) number. The system will return one of the following responses:
- “Blocked – Social Program” when the CPF appears in the restricted database as belonging to a beneficiary of at least one of the social programs, without specifying which; or
- “Not Blocked” when the CPF does not appear in the restricted database.
Requests for registration must be denied when Sigap returns the “Blocked – Social Program” status.
If the first daily login returns a “Blocked – Social Program” result, the operator must close the account within three days.
Before closing the account, the operator must notify the user of the reason by email, messaging apps, SMS, or other available channels, within one day of the consultation. The notice must inform the user of the possibility of voluntarily withdrawing their funds within two days.
If the user does not withdraw the balance, the operator must refund the amount to a bank account previously registered by the bettor. All communications with the user must be documented and stored for five years.
Source: GMB
