BRAZIL Law and Practice Contributed by: Luiz Felipe Maia, Flavio Augusto Picchi and Débora Cunha Romanov, Maia Yoshiyasu Advogados – MYLAW
application to operate fixed-odds betting. Therefore, it is not possible to offer white-label solutions. 6.5 Technical Measures Online games events are considered as fixed-odds betting, as per Article 3 of Law No 14,790/2023. Therefore, the recent changes described in 1.1 Cur- rent Outlook and Recent Changes are applicable. Online gambling provisions are also included in Bill of Law No 442/1991 (renumbered as Bill of Law No 2,234/2022 in the Senate), under discussions in the plenary of the Senate. 7. Responsible Gambling (RG), Also Known as Safer Gambling (SG) 7.1 RG Requirements Normative Ordinance No 1,330/2023 and Ordinance SPA/MF No 1,231/2024 provide that responsible gam- ing measures must be put in place to: • prevent compulsive or pathological gambling; • protect vulnerable individuals (mainly children and adolescents); and • ensure that bettors are over 18 years of age. 7.2 Gambling Management Tools Normative Ordinance No 1,330/2023 and Ordinance SPA/MF No 1,231/2024 establish that responsible gambling consists of measures, guidelines and prac- tices to be adopted for: • the prevention of compulsive or pathological gam- bling disorders; • the prevention and non-inducement of debt; and • the protection of vulnerable individuals, especially minors and the elderly. In addition, Ordinance SPA/MF No 1,231/2024 estab- lishes specific and detailed measures to be imple- mented by the operating agent to ensure responsible gaming. Among the requirements is the obligation for the operator to implement gaming management tools, and to promote informative and preventative actions to raise awareness among bettors about compulsive or pathological gambling disorders (starting from the bettor’s registration in the betting system), by creating
a specific responsible gaming policy and disseminat- ing and implementing legal requirements, best prac- tices and harm reduction measures. 8. Anti-Money Laundering (AML) 8.1 AML Legislation Law No 9,613/1998 defines the AML legal framework in Brazil. Pursuant to Article 1, money laundering under Brazilian legislation is the act of hiding or disguising the nature, origin, location, disposition, remittance or ownership of property, goods, rights or values aris- ing directly or indirectly from a criminal offence. This law created the Council for Financial Activities Con- trol ( Conselho de Controle de Atividades Financeiras COAF), the regulatory body in charge of pursuing, investigating and sanctioning any activity related to money-laundering crimes. COAF issues directives to regulate activities of industries that may facilitate money laundering, such as gambling. 8.2 AML Requirements More recently, Normative Ordinance No 1,330/2023 and Ordinance SPA/MF No 1,143/2024 provide that sports-betting operators must inform COAF in the case of suspected money-laundering activities, and must develop and implement policies, procedures and internal controls to identify, assess, control and monitor the risks associated with money laundering, terrorist financing and the proliferation of weapons of mass destruction. Decree No 57,690/1966 and Decree No 4,563/2002 regulate advertising in Brazil. According to the lat- ter, all advertisements in Brazil must comply with the rules set forth by the Executive Council for Standard Advertising Practices ( Conselho Executivo das Nor- mas-Padrão CENP). This council is responsible for regulating the commercial relations between adver- tisers and agencies, while the National Council for Advertising Self-Regulation ( Conselho Nacional de Autorregulamentação Publicitária CONAR) is respon- sible for ensuring ethics in advertising content. 9. Advertising 9.1 Regulatory/Supervisory Agency
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