Законодавство
Еспирито Санто успоставља правила за спортско клађење и игре лутрије у Бразилу
By Џејмс - 3. фебруар 2025
Влада Свети Дух has published Decree No. 5931-R, regulating state lottery services. This decree establishes rules for the operation and exploitation of lottery modalities, as well as allocating profits to programs for culture, sports, social assistance, leisure, and tourism.
Потписали Governor Renato Casagrande, the decree is based on Complementary Law No. 1,069 of 2023 and State Law No. 1,928 of 1964.
The decree stipulates that Banestes Loteria S.A. will exclusively operate the public service of the state lottery, as a subsidiary of the Bank of the State of Espírito Santo (Banestes S.A.).
Private companies may participate, but the majority shareholder control must remain with Banestes.
The decree authorizes the operation of six lottery modalities in accordance with federal legislation: passive lottery, numerical forecasts, specific forecasts, sports forecasts, instant lotteries, and fixed-odds betting. The modalities can be made available both physically and virtually.
Lottery products must adhere to strict criteria, such as clear rules published on the Banestes Loteria website, the integrity of bets, and measures against gambling addiction, recognized by the Светска здравствена организација (ВХО)
The decree specifies that 11.5% of Banestes Loteria’s net profit is to be allocated to the state. Meanwhile the Public Services Regulation Agency (ARSP) will be responsible for regulating, controlling, and overseeing the public lottery service. Its responsibilities include issuing complementary norms, developing actions against gambling addiction, and ensuring transparency in the processes.
In addition, the Banestes Loteria must provide the ARSP with all necessary information for the performance of regulatory and oversight activities.
Espírito Santo is the smallest state in the southeastern region of Brazil and the nation’s second most industrialized state. The territory of Espírito Santo is divided into 78 municipalities and its capital is the city of Vitória. Espírito Santo borders Rio de Janeiro, Minas Gerais, Bahia and the Atlantic Ocean.
In September 2020, the Supreme Court of Brazil (STF) ruled that the federal government’s monopoly on lotteries was unconstitutional, allowing each of Brazil’s 26 states and one federal district to establish their own state lotteries, provided they adhered to federal regulations. According to the Court, while the Constitution grants the federal government the authority to legislate on lottery activities, it does not give it exclusive rights to operate them.
Importantly, sports betting had already been classified as a form of “sports lotteries” under Law No. 13,756, which was signed by then-President Michel Temer in 2018, thereby legalizing sports betting. The STF’s ruling also allowed states to introduce their own lottery products, including sports betting, within their borders.