Zona de Azar Brasil – Brasil: Position Note Brazilian Institute of Responsible Gaming (IBJR)

São Paulo, July 2, 2024 www.zonadeazar.com The Brazilian Institute of Responsible Gaming (IBJR) expresses its concern with the monocratic decision of the TRF – 1st Region, which partially granted the request made by the Rio de Janeiro State Lottery ( LOTERJ), authorizing ANATEL to verify the operational legitimacy of fixed-odd betting lottery companies exclusively within the territory of the State of Rio de Janeiro, without considering the manifestation of the Union and the Prizes and Bets Secretariat of the Ministry of Finance ( SPA/MF).

The Union, through SPA/MF, demonstrated the invalidity of State Decree No. 48,806/2023, for violating the national transition regime and the constitutional competence of the Union. The responsibility to authorize, regulate, monitor and sanction fixed-odd bets is from the Ministry of Finance, and it is unacceptable for a state standard to precede federal legislation. Furthermore, the TRF’s decision was taken without a statement from ANATEL or the Union in the second instance, contributing to a mistaken understanding of the sector’s regulation and its impacts on the market. ANATEL, as a telecommunications regulatory agency, does not have the authority to verify the legitimacy of lottery operations.

The IBJR warns that LOTERJ’s position encourages legal uncertainty, harming the business environment in Brazil and threatening the effectiveness of the legal framework consolidated by Federal Law No. 14,790/2023 and the recent SPA/MF Ordinances, in which operators have up to the end of the year to obtain their licenses.

The decision handed down by the TRF – 1st Region is not definitive and must be subject to appeal by ANATEL and the Union.

Edit: @_fonta www.zonadeazar.com