Technical note SEI nº 3826/2024/MF from the General Coordination of Systems, issued this Wednesday (11), guides the Secretariat of Prizes and Betting (SPA) not to allow companies that presented themselves to the Department seeking a license to offer games online under the name jogo do bicho. Nor can the modality's own rules be adopted in its online gaming offerings.
In the document, João Paulo Resende Borges, general coordinator of systems, describes the lottery modalities permitted in Brazil and highlights, among them, fixed odds, which involves real or virtual events, in which it is defined, at the time of placing the bet , as well as the bettor to win in case of a hit.
The jogo do bicho, despite also having a fixed payment quota depending on the form of the bet, is prohibited in the country as it is considered a criminal misdemeanor. Therefore, the note determines that jogo do bicho or other similar sports with the same rules cannot be offered by the so-called ‘Bets’.
As the law on criminal offenses expressly considered gambling as an illicit activity, the general coordinator understands that it cannot be included in any of the lottery modalities referred to in Law No. 13,756.
“In view of the fact that jogo do bicho, as it is an illicit lottery modality and distinct from the fixed-odd betting lottery modality, covered by Laws 13,756 and 14,790, fixed-odd betting lottery operators cannot offer online games that adopt their own game rules, even if the technical requirements of online games and live game studios are observed, as referred to in Ordinance SPA/MF 1.207,” points out the technical note.
Regarding certifying entities, the document points out:
“Extensively, since, in technical certification activities, certifying entities whose operational capacity has been recognized by the Secretariat of Prizes and Bets, under the terms of Ordinance SPA/MF 300, must consider not only the requirements of Ordinance SPA/MF 1,207, but the other Ordinances and regulatory guidelines of the Secretariat, it is well known that online games that adopt rules specific to the animal game, as provided for in this Technical Note, cannot be certified.”
“As a precaution, it is understood that online games that adopt the name ‘jogo do bicho’ cannot be certified, under penalty of unwanted associations being made between the two lottery modalities, one legal and the other illicit,” continues the technical note.
In the conclusions, the general coordinator points out:
“In view of the above, because the animal game is an illicit lottery modality and distinct from the fixed-odd betting lottery modality, as covered by Laws 13,756 and 14,790, fixed-odd betting lottery operators cannot offer games online that adopt their own rules of the animal game. In order to guide certifying entities whose operational capacity was recognized by the Secretariat of Prizes and Bets under the terms of Ordinance SPA/MF 300, regarding the prohibition of certification of online games under the terms set out in this Technical Note, even when observing the technical requirements set out in Ordinance SPA/MF 1,207, it is proposed to send this document to these certifiers, for awareness and action.
It is appropriate to clarify that the content of this Technical Note must be observed by the certifying entities, even in the case of online games that have already been certified prior to the forwarding of this Technical Note.”
Source: GMB
