The Federal Court of Auditors judged a representation made by the deputy attorney general of the Public Ministry with the TCU of possible irregularities that occurred in the Ministry of Finance, related to the non-enactment of regulation of sports betting within the period stipulated by Law 13.756/2018, which ended on 12/13/2022.
In Judgment No. 1722/2023, the TCU informs that after diligence, the Ministry of Finance presented a justification accepted by the technical unit for not issuing the legal regulation, “based on the inconsistencies and gaps in Law 13.756/2018, and in this context, the lack of regulation could not be attributed to a negligence of the public power, but to the need for adjustments and corrections in the legislation in question,” admits the Court of Auditors.
For the Court, “both the previous management of the Ministry of Economy and the new management of the Ministry of Finance have been active with regard to the regulation of sports betting, and that the body is seeking to adopt measures to review the current taxation model for through a participatory public consultation process.”
In the judgment, the TCU understands that the matter is complex because it involves economic and political sensitivity and that, for this reason, “it believes that the measures adopted by the previous management had to be reviewed by the current management, in order to prepare effective regulations and provide for the necessary legal certainty to deal with the issue.”
The body informs that the current management is aware of the delay and the urgent need for regulation and is treating the matter as a priority. In addition, there is information presented by the Ministry that it is carrying out studies and actions to implement adequate controls.
In view of the analysis of the process, the Federal Court of Auditors concluded that "there is no omission on the part of the Ministry of Finance in relation to the lack of regulation of Law 13.756/2018 and that the body would have demonstrated that there are deficiencies in the legislation in force, the which were identified and object of legislative proposals that await approval and entry into force so that they can produce effects.”
"What is observed is that the matter, in fact, is complex and involves economic and political sensitivity, but that, in view of the measures in progress, do not yet require action from this Court in order to issue determinations and/or recommendations," decided the TCU.
Source: GMB
