Brazil: Secretariat of Prizes and Betting Publishes Public Consultation
Brazil – June 24, 2025 – www.zonadeazar.com As part of the Regulatory Agenda set by the Secretariat of Prizes and Betting (SPA), Public Notice 2/2025 was published in the Official Gazette of the Union this Monday (23). In it, the SPA requests contributions to review the operationalization and payment methods for the allocations owed by betting companies to ten private entities, such as the Brazilian Olympic Committee (COB), Brazilian Paralympic Committee (CPB), Brazilian Club Committee (CBC), other sports organizations, Fenapaes, Fenapestalozzi, and the Brazilian Red Cross.
Additionally, the Public Consultation seeks suggestions regarding transfers related to image and intellectual property rights of athletes and sports organizations, as established by Laws 13.756 and 14.790, as well as SPA ordinances.
The Public Consultation will last for 45 days, ending on August 2, 2025. Any individual or legal entity may participate through this [link]. After the deadline, all submissions will be reviewed by the SPA.
There are 12 guiding questions in the consultation:
I. Should the Federal Government establish rules and criteria beyond those already defined in the current regulation, particularly in SPA/MF Ordinance No. 41 of 2025?
II. If so, what should these rules and criteria be, and what level of detail is desirable?
III. Regarding image rights, if the competition’s regulations remain as the basis for setting phase 2 criteria (distribution among beneficiaries within the same competition), are there suggestions to ensure the participation of all beneficiaries? Which ones?
IV. Is there another common element across all sports—besides competition regulations—that could serve as a basis for defining distribution criteria?
V. What are the specific characteristics of different sports that should be considered in the operationalization, payment, and distribution of image rights?
VI. Considering different beneficiaries involved in events subject to betting, what qualitative and/or quantitative criteria (e.g., percentages) should be applied for distributing rights to sports organizations (clubs/teams/associations)? Legal basis: Art. 30, §7, item I of Law 13.756/2018, amended by Law 14.790/2023.
VII. Regarding athletes, what qualitative and/or quantitative criteria should apply to distribute their share of image rights? Legal basis: Art. 30, §1-A, item III, letter “a”, and §7, item I.
VIII. Still on image rights, what criteria should apply to distributing funds to the entities organizing the sports competitions?
IX. Regarding the operationalization process, are there suggestions for improving the current model that allows for revenue-sharing associations formed by operators under Art. 3 of Ordinance 41?
X. Still on operationalization, considering the legal requirement for direct transfers, are there suggestions to better guarantee that funds reach the rightful beneficiaries?
XI. Are there suggestions to promote transparency in the accountability process for payments? Which?
XII. Are there suggestions for regulatory text? If so, please provide full articles or proposals for amendments to existing texts.
To submit contributions, participants must read the reference document explaining the consultation’s objectives, participation rules, and the types of allocations outlined in Laws 13.756 and 14.790. The required document can be accessed via this [link].
Edited by: @_fonta www.zonadeazar.com