The bill (PL) establishes that an “unauthorized betting operator” is any individual or legal entity that directly or indirectly engages in gaming or betting activities without authorization issued by the competent authority, in accordance with applicable legislation.
According to the proposal, payment institutions authorized by the Central Bank will be required to adopt enhanced due diligence procedures aimed at preventing payment transactions with unauthorized operators.
They must prepare and publish a monthly compliance report on measures to prevent the use of the financial system by unlicensed operators. This report must include the total number of active transactional accounts associated with operators, transaction volumes, and the total number of instances where accounts were blocked, rejected, or terminated due to the identification of irregularities.
The Ministry of Finance will be responsible for maintaining an updated list of unauthorized operators to be used in conjunction with fraud prevention systems operated by financial institutions.
Financial and payment institutions authorized by the Central Bank that fail to comply with the legal and regulatory duties applicable to transactions with fixed-odds betting operators will be subject to fines ranging from twice the value of the transaction to a maximum of R$20 million (US$3.7m).
The bill assigns the National Telecommunications Agency (Anatel) the responsibility of maintaining a channel for receiving, validating, and forwarding administrative and judicial orders requiring the blocking of unauthorized websites.
Anatel must adopt mechanisms for technical and regulatory coordination with telecommunications service providers responsible for internet connectivity, as well as Value-Added Service (VAS) providers that, through the use of telecommunications services, operate the digital infrastructure necessary for the functioning of websites and applications linked to unauthorized betting operators, in order to ensure the effectiveness and timeliness of blocking orders.
The Ministry of Finance will also be required to maintain an official public channel for receiving reports of unauthorized gaming, betting, or lottery services, as well as for reporting suspected irregularities related to fixed-odds betting activities.
In the justification for the bill, Deputies Merlong Solano, Paulo Litro, and Raimundo Santos highlight that the initiative seeks to provide the State with modern and effective tools, inspired by international regulatory practices, to tackle a phenomenon that affects not only public revenue but also sports integrity, consumer protection, and the soundness of the financial system.
“This proposal, therefore, does not merely reinforce the punitive framework, but structures an integrated model of prevention, enforcement, and cooperation, inspired by foreign experiences and adapted to the Brazilian reality. Its objective is to strengthen the integrity of the regulated market, protect consumers, ensure due revenue collection, and preserve confidence in the fixed-odds betting system, in line with the principles of legality, transparency, legal certainty, and administrative efficiency,” the lawmakers conclude.
Source: GMB
