As part of the Regulatory Agenda established by the Secretariat of Prizes and Betting (SPA), Public Consultation Notice 2/2025 was published in the Official Gazette of the Union this Monday (23).
In this notice, the SPA is requesting input on revising the methods for the operation and payment of allocations owed by betting operators to ten private entities, including the Brazilian Olympic Committee (COB), the Brazilian Paralympic Committee (CPB), the Brazilian Club Committee (CBC), and other sports entities, as well as FENAPAES, FENAPESTALOZZI, and the Brazilian Red Cross.
In addition, the Public Consultation seeks suggestions regarding the transfer of image rights and intellectual property rights of athletes and sports organizations, as established by Laws No. 13.756 and No. 14.790, as well as by SPA ordinances.
The initiative will last for 45 days, ending on August 6, 2025. Any individual or legal entity may participate through this link. After the deadline set in the Public Consultation Notice, submissions will be reviewed by the SPA.
There are 12 questions established in the Public Consultation:
I. Should the Federal Government establish additional rules and criteria beyond those already set out in the current regulation, particularly in SPA/MF Ordinance No. 41 of 2025? The regulatory framework is listed in item 2 of the mandatory reading document and explained there.
II. If so, what should these rules and criteria be, and to what level of detail?
III. For the allocation of image rights, if the competition regulations remain the instrument to define phase 2 criteria (distribution among beneficiaries within the same sports competition), are there suggestions to ensure the participation of different beneficiaries in establishing these criteria? What suggestions?
IV. For the allocation of image rights, is there another element common to all sports—besides the competition regulations—that could serve as a basis for defining the distribution criteria? Which one(s)?
V. What are the specific characteristics of different sports disciplines that should be considered for the operation, payment, and distribution of image rights allocations?
VI. Regarding image rights allocations, considering the various beneficiaries involved in the sports event subject to betting, what qualitative and/or quantitative criteria (e.g., percentages) should apply to the distribution of allocations to sports organizations (clubs/teams/squads)? The legal basis is in Article 30, §7, item I:
“(...) The allocation (...) shall be directed (...) to sports organizations based in the country (...) in cases where their name, nickname, image, and other intellectual property rights are expressly the subject of betting.” Law No. 13.756 of December 12, 2018, as amended by Law No. 14.790 of 2023.
VII. Regarding image rights allocations and the various beneficiaries in the sports event subject to betting, what qualitative and/or quantitative criteria (e.g., percentages) should be applied to the distribution to the athletes participating in the competition? The legal basis is in Article 30, §1-A, item III, subitem “a”: “7.30% to the entities (...) and to Brazilian athletes or those linked to sports organizations based in the country, in return for the use of their names, sports nicknames, images, brands, emblems, anthems, symbols, and similar elements for the promotion and execution of fixed-odds betting.”
And in §7, item I: “(...) The allocation (...) shall be directed (...) to Brazilian athletes linked to them [sports organizations] (...) in cases where their name, nickname, image, and other intellectual property rights are expressly the subject of betting.” Law No. 13.756 of 2018, as amended by Law No. 14.790 of 2023.
VIII. Still regarding image rights, considering the various beneficiaries in the sports event subject to betting, what qualitative and/or quantitative criteria (e.g., percentages) should be applied to the distribution of the allocation to the entities organizing the sports competition?
IX. On the operationalization of the distribution process, are there suggestions or improvements to the current model that allows the formation of a sharing association by operating agents, as provided in Article 3 of Ordinance 41? What are they?
X. Still on operationalization, considering the legal rule that allocations must be made through direct transfers, are there suggestions for new mechanisms to ensure that the funds effectively reach the beneficiaries?
XI. Are there suggestions to promote transparency in the accounting and reporting of payments made? What are they?
XII. Are there suggestions for normative text? What are they? Suggestions may include specific normative wording, either as full articles or as proposals to amend existing provisions.
To submit contributions, participants are required to read a reference text that outlines the goals of the Public Consultation, rules for participation, and the types of allocations mandated by Laws No. 13.756 and 14.790. The required document can be found at this link.
Source: GMB
