Gaming Law 2025

BRAZIL Law and Practice Contributed by: Luiz Felipe Maia, Flavio Augusto Picchi and Débora Cunha Romanov, Maia Yoshiyasu Advogados – MYLAW

ordinances as per Decree No 11,907/2024, including but not limited to: • Ordinance SPA/MF No 615/2024, which estab- lishes general rules for payment transactions in fixed-odds lottery betting; • Ordinance SPA/MF No 722/2024, which estab- lishes general rules for the functioning of betting systems and provision of data to the regulator in the operation of fixed-odds lotteries; • Ordinance SPA/MF No 827/2024, which establish- es the rules and conditions for obtaining authori- sation for the commercial operation of fixed-odds lotteries by private economic agents throughout the national territory; • Ordinance SPA/MF No 1,143/2024, which pro- vides for policies, procedures and internal controls for the prevention of money laundering, terrorist financing and the proliferation of weapons of mass destruction (AML/CFT); • Ordinance SPA/MF No 1,207/2024, which estab- lishes technical requirements for the operation and certification of online games and live game studios falling under the fixed-odds lottery category; • Ordinance SPA/MF No 1,231/2024, which estab- lishes rules and guidelines for responsible gaming and communication and marketing actions, and which regulates the rights and duties of bettors and operators; • Ordinance SPA/MF No 1,233/2024, which regu- lates the sanctioning regime within the scope of the commercial operation of fixed-odds lotteries; and • Ordinance SPA/MF No 1,475/2024, which estab- lishes the conditions for a company to participate in the transition to the new regulations for the operation of fixed-odds betting, and which sets the rules for the cessation of operations for companies that do not meet these conditions. Since 2023, there have been significant discussions concerning the regulation of sports betting at the national, state and municipal levels. By October 2025, four states – Minas Gerais, Rio de Janeiro, Paraná and Maranhão – had commenced fixed-odds bet- ting operations within their territories. Fixed-odds betting activities in the state of Paraíba are in the implementation phase. The operation of fixed-odds betting by municipalities is not expressly prohibited

under Law No 13,756/2018, as amended by Law No 14,790/2023. Consequently, several municipali- ties have enacted local regulations authorising the operation of fixed-odds betting activities within their jurisdictions. This development led to the filing of the Claim of Noncompliance with a Fundamental Precept ( Ação de Descumprimento de Preceito Fundamental (ADPF) No 1212) in March 2025, which challenges the constitutionality of municipal laws and decrees permitting fixed-odds betting at the local level. The case currently represents the most significant matter under review by the Brazilian Federal Supreme Court (Supremo Tribunal Federal; STF). Furthermore, various Brazilian authorities and institutions – including the SPA and the Office of the Attorney General ( Advo- cacia-Geral da União AGU) – have publicly opposed municipal legislation authorising the operation of lot- teries, arguing that no legal provision expressly allows such initiatives.

2. Jurisdictional Overview 2.1 Online Gambling Sports Betting

Online fixed-odds sports betting was legalised by Law No 13,756/2018, and is currently regulated by Law No 14,790/2023 and by the specific regulation issued by

the SPA since 2024. Horse Race Betting

Horse race betting is regulated by Law No 7,291/1984 and Decree No 96,993/1988. Horse-race wagering is restricted to non-profit entities that own the race- tracks, and that are duly authorised by the Ministry of Agriculture, Livestock and Food Supply. These enti- ties may operate betting websites focused on horse- racing content. Bingo Online bingo is prohibited in Brazil. Casinos Online casinos are considered “online games”, as described in Article 2, VIII and IX, of Law No 14,790/2023. As per Article 14, paragraph 2, fixed- odds bets that involve “online game events” may only be offered through virtual platforms.

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