In a development of the hearings at the CPI on 'Bets' - as operators are called in Brazil -, Senator Marcos Rogério (PL-RO) requested that the presidency of the Commission forward to the Federal Court of Auditors (TCU) an official letter so that immediate measures can be taken regarding the operation of sports betting and online gaming sites in Brazil.
In the document, he requests:
"1. The establishment of an investigation procedure to verify the administrative conduct that allowed the irregular entry of new companies into the exploration of the activities described, as well as the undue granting of tax and fiscal benefits, the waiver of tax and non-tax revenues;
2. The adoption of the following precautionary measures, in addition to others that the Court of Auditors deems pertinent:
* The immediate suspension of the authorizations granted by the Secretariat of Prizes and Betting of the Ministry of Finance through a “national list of companies that can offer fixed-odds bets”, with the exception of those companies accredited at the State level;
* The issuance of an order to the National Telecommunications Agency (Anatel) for the immediate blocking of all websites of the companies included in the “national list of companies that can offer fixed-odds bets” of the Prizes and Betting Secretariat of the Ministry of Finance, with the exception of those companies accredited at the State level;
* The precautionary removal of Mr. Regis Anderson Dudena, Secretary of Prizes and Betting of the Ministry of Finance, until the conclusion of the inspection process in question.
In his justification, Marcos Rogério points out:
"Considering the serious facts reported in previous statements, indicators of probable illicit acts of money laundering, tax evasion and currency evasion, as well as the waiver of Tax and Non-Tax Revenues, based on the identification of conducts that resulted in the waiver of revenues by the Union, without due observance of the requirements set forth in art. 14 of Complementary Law No. 101/2000 (Fiscal Responsibility Law), and outside the hypotheses expressly provided for, including the lack of an estimate of budgetary-financial impact and the absence of compensation measures, in an amount exceeding R$3 billion (US$ 495m);
Considering the evidence that the Executive Orders issued by SPA/MF promote, as well as the publication of a “national list” by SPA/MF, with authorizations for operation until December 31, 2024, with the effective provision of lottery services delegated to private entities without a bidding process, in apparent violation of the principles of legality, impartiality, morality, publicity and efficiency (art. 37, caput, of the Federal Constitution), as well as the mandatory bidding for the delegation of public services (art. 175, sole paragraph, inc. I, of the CF);
Considering the evidence of the use of an “adaptation period” to favor companies, through the practice of administrative acts that improperly allowed the creation and operation of new companies not eligible to carry out activities, during a period originally established for the adaptation of companies already in operation. These acts were supported by illegal interpretations made by public managers, to the detriment of the public treasury, and resulted in the granting of tax and fiscal benefits incompatible with current legislation;
Considering, further, the public and notorious participation of offshore companies, headquartered in jurisdictions known for their favorable tax regime, directly involved in the exploitation of services, compromising the transparency and traceability of financial flows related to public revenues; and
Considering, finally, the possible harm to the public treasury and direct violation of the constitutional principles of public administration and responsible fiscal management and, furthermore, the participation of offshore companies without due supervision may constitute a risk of money laundering and tax evasion, requiring in-depth investigation to ensure the integrity of public finances and the protection of the public interest."
Source: GMB
