Gaming Law 2025

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

4.4 Availability of Licences Sports Betting

Horse Race Betting The applicant must: • be a non-profit entity legally incorporated in Brazil; • own or have the rights to use a racetrack; • demonstrate the technical and economic viability of the weekly racing schedule; • present the floor plan of the race field; and • present the draft of a general betting plan (which includes the rules applicable for each game to be run by the operator, such as prizes, ticket value, minimum and maximum betting amounts, and payout). Lotteries Currently, no lottery licences are available in Brazil at the federal level. 4.7 Application Timing Entities may apply for fixed-odds betting at any time, in accordance with the administrative procedure established in the regulations of the MF and SPA (Article 9 of Law No 14,790/2023). The SPA must notify the applicant legal entities within 150 days of the application date to pay the licence fee and meet the requirements described in Ordinance SPA/MF No 827/2024. Applying entities will then have 30 days to make payment and present evidence of compliance Regarding application fees, BRL30 million allows the operation of up to three commercial brands by the legal entity via its electronic channels. 4.9 Ongoing Annual Fees Law No 14,790/2023 amended Article 32 of Law No 13,756/2018 to establish the monthly gaming moni- toring fee for the commercial operation of fixed-odds lotteries. It is triggered by the regular exercise of regu- latory authority and is applied monthly to the proceeds collected after deducting the amounts referred to in Article 30, paragraph 1-A of Law No 13,756/2018 for social destinations. Normative Instruction SPA/MF No 9/2025 provides guidance on the payment of the gam- ing monitoring fee. with the requirements. 4.8 Application Fees

Licences can be obtained at the SPA by legal enti- ties that are established under Brazilian laws, have headquarters and management located within the national territory, and meet all the requirements set forth in applicable laws (including Ordinance SPA/MF No 827/2024). Horse Race Betting Licences can be obtained at the Ministry of Agricul- ture, Livestock and Food Supply. Lotteries No lottery licences are available in Brazil at the federal level. 4.5 Duration of Licences Sports Betting Fixed-odds betting licences are granted for a duration of five years. Horse Race Betting Horse race betting licences do not have an expiry date. 4.6 Application Requirements Sports Betting Specific application requirements for fixed-odds bet- ting are described in Ordinance SPA/MF No 827/2024. Only legal entities established under Brazilian laws with headquarters and management located within the national territory, and organised as limited liability companies or corporations with a minimum corporate capital of BRL30 million, may apply to the SPA for a licence. Subsidiaries of a foreign company established under Brazilian law, with headquarters and manage- ment in the national territory, may be authorised to operate fixed-odds lotteries ‒ provided that a Brazil- ian holds at least 20% of the operating agent’s share capital as a partner. In addition, the legal entity must present evidence of integrity and prior experience in gaming services, and must submit certain information and documents related to technical, legal, financial, tax and labour aspects – and to the good standing of the sharehold- ers, ultimate beneficial owners and administrators.

CHAMBERS.COM