In the document signed by Secretary Flávio César Mendes de Oliveira, the department confirmed the annulment of the external phase of the tender and presented a revised Preliminary Technical Study (ETP) and Terms of Reference (TR), measures adopted in compliance with recommendations from the Audit Court.
Sefaz’s statement was a response to the audit findings of TCE, which had identified clauses that restricted competitiveness and were disproportionate to the object of the bid. Among the issues previously highlighted were technical requirements deemed excessive and unjustified, as well as the risk of creating a private monopoly for up to 35 years.
The complaints came from three different sources: Jamil Name Filho, currently imprisoned under Operation Omertà; the company Criativa Technology Ltda., linked to state deputy Roberto Razuk (Neno Razuk, PL); and an anonymous whistleblower—all accepted by the court for analysis.
In its reply, the department explained that annulling the external phase of the tender, formalized on September 22, 2025, in the Official Gazette, was necessary precisely to correct inconsistencies in planning documents and redo the studies that underpinned the bidding process.
The government also provided clarifications on specific points criticized by TCE. Regarding revenue estimates, which the audit questioned for not using national historical data or restricting projections to fixed-odds betting, Sefaz explained that estimates were developed based on international comparisons with countries such as Italy, Portugal, Spain, and France, using the relationship between consumption and GDP, as well as official forecasts of state growth.
The department emphasized that the Brazilian state-level lottery market is still recent and lacks consolidated historical data, making it necessary to adopt parameters from other regulated markets. It also noted that any distortions in revenue collection would not harm public finances, since all risks were fully allocated to the contractor in the risk matrix prepared in the ETP.
Another point defended was Lotesul’s centralized management model. The audit had flagged weaknesses in the justification for linking the technology platform contract with the delegation of lottery operations.
Sefaz responded that the structure was designed in two distinct layers. The first, management, is public and will remain under Lotesul/Sefaz, concentrating on real-time monitoring, auditing, anti-money laundering controls, responsible gaming policies, payment integration, and transaction traceability. The second, execution, will be carried out by accredited private operators, who may only act integrated with the public system, without their own technological autonomy.
To justify this model, the department cited Caixa Econômica Federal, which centralizes lottery service management and subjects operators to technical and regulatory standards defined by the state entity. In Sefaz’s view, fragmenting this structure into multiple private systems would weaken oversight, raise costs, open space for risks of information concealment, and undermine legal compliance.
The requirement to demonstrate 15 million annual transactions and the ability to process 40 TPS (Transactions per Second), deemed disproportionate by the audit, was also defended. The government argued that these parameters were set as minimum operational safety standards to ensure the system could handle large volumes from the outset. To support the figures, empirical data from Lottopar, Paraná’s state lottery, was presented, showing more than 54 million transactions in just seven months of 2025.
Even when adjusted proportionally to Mato Grosso do Sul’s population, the volume matched the requirement in the bid, proving the criterion is conservative and appropriate. The department further noted that the 40 TPS requirement was set below peaks already recorded in Paraná, which reached 108 TPS during major events such as sports finals. The argument is that underestimating system capacity could frustrate bettors and trigger a wave of lawsuits against the state, with significant financial impacts.
Another revised item was the Proof of Concept (POC), whose level of detail had been deemed insufficient by TCE. The department reported that the Terms of Reference were corrected to clearly describe the objectives, criteria, and evaluation procedures of this stage. The POC will be mandatory for the winning bidder, who must practically demonstrate that its technological solution complies with the bid requirements.
The test will be conducted by a joint committee composed of representatives from Sefaz and the Secretariat for Digital Transformation, with all costs borne by the bidder. According to the department, greater detail in the POC was necessary to reinforce transparency and avoid contracting unfeasible solutions.
Throughout its statement, Sefaz also stressed that the model chosen for Mato Grosso do Sul is not an isolated innovation but follows practices already adopted by other states. It cited Paraná’s experience, whose bidding process was validated by the judiciary and oversight bodies, and highlighted that the local tender also allows consortium formation, increasing participation from companies of different sizes and ensuring equal treatment.
With these corrections, the department requested that TCE dismiss the complaints and the prior control process, citing loss of purpose. According to the government, no wrongdoing occurred in the bidding process, only administrative adjustments that have already been made.
“We request that this Court of Accounts rule for the dismissal of these complaints due to the absence of wrongdoing, and that within the scope of Prior Control it also determine dismissal of the proceedings due to loss of purpose,” stated Secretary Flávio César Mendes de Oliveira in the letter sent to the court.
With this petition, the government seeks to close a legal and political dispute involving millions and the interests of different groups, while preserving the chosen model for operating the state lottery. The decision now lies with TCE, which must assess whether the adjustments presented are sufficient to dismiss the complaints and allow the bidding process to resume.
Source: Campo Grande News
