Amid a crusade against clandestine betting, the Brazilian government has already taken down more than 23 thousand illegal websites, according to official data from the Secretariat of Prizes and Bets (SPA). Technological blocks, actions with providers and payment tracking today form the biggest offensive ever seen in the sector.
But as the country tries to get tougher against irregular operators, one nagging question is still not at the center of the debate: Why does the bettor who chooses the illegal option continue to go unharmed?
The legal answer is straightforward, and surprises many people: he’s passing through unscathed, but he shouldn’t.
The law already provides for fines for those who bet on unauthorized platforms. And it’s not new.
Betting on an illegal website is a criminal offense. It’s written in the law.
Despite the simplistic statement that “the bettor is a victim”, Brazilian legislation is explicit. Law 13,155/2015, which regulated LOTEX, changed art. 50 of the Criminal Misdemeanors Law and brought an innovation:
(Art. 50, §2) “Anyone who participates in illegal gambling, including on the internet, will face a fine of R$2,000 to R$200,000.”
I.e:
✔ Bettors who choose an illegal site are subject to punishment;
✔ Digital participation in clandestine games has been subject to fines since 2015;
✔ The fine for bettors who choose the illegal option can reach R$200,000.
In 2025, with advanced searches, artificial intelligence used on a large scale and regulatory transparency, claiming ignorance no longer works.
Legalized is legal. Illegal is a crime. Both for the operator and the bettor.
Since Decree-Law 204/1967, the State has made it clear that lotteries and authorized modalities have an exceptional legal nature, outside the criminal field. I.e:
• Authorized modalities → are not a misdemeanor.
• Any unauthorized operation → remains gambling and therefore illegal.
Laws 13,756/2018 and 14,790/2023 reinforced this vision by classifying fixed-odd betting as a lottery modality, subject to federal or state authorization.
Result:
Illegal operator is criminally liable. Bettors who choose the illegal option also respond, according to the law that is already more than 10 years old in Brazil.
The rule has existed for more than ten years, but the country has never applied it, either due to ignorance or pure tolerance. Given this history, the question arises: isn’t it time to finally start fulfilling and enforcing what has already been planned?
Bettor choice finances a criminal ecosystem
The bettor who opts for the underground market is not a neutral observer and is far from being considered a victim, as he:
• fuels money laundering schemes;
• strengthens those who cheat taxes;
• weakens sport and public policies financed by the regulated sector;
• harms licensed companies that follow strict rules;
• exposes personal data;
• harms job creation in Brazil;
• and you also risk paying a fine of up to R$200,000.
In other words: Those who believe in illegality help to keep alive the very problem that the country is trying to combat.
Consumer impunity is the shield of clandestinity
If the illegal market prospers, it is because there is demand and it comes from gamblers who, often for their own convenience, seek:
• sites without KYC or verification of registration veracity;
• payment in crypto to avoid identification;
• platforms that only ask for email or telephone;
• do not pay income tax on prizes won;
• higher odds offered by those who do not pay taxes and do not have the costs of a regulated operation.
And yes: In all these cases, the bettor is committing an illegal act.
The law is clear. The border is evident. The risk is real.
Is it time to hold those who choose the wrong side accountable?
Holding the bettor responsible is not persecution, it is legal coherence. The consumer is the main vector of demand. If he opts for the legal, the illegal will dry up. There are ways to identify bets on illegal platforms, among others. PIX directed to unregulated operators is proof of the illicit act.
This is not about defending punishment for punishment’s sake, but about establishing warning signs for bettors who continue to feed the illegal market. It is necessary to create unequivocal signs of legal non-compliance, with direct warnings about the consequences of your choices and, in case of recurrence, apply gradually — and, when necessary, mercilessly — the measures provided for by law, proportional to the recurrence and persistence in the practice of the offense.
If he continues to finance the clandestine, the entire Brazilian regulatory structure loses strength and the appreciation of the “wrong” takes precedence over those who prefer to follow the law.
The message is simple: is to choose the legal market or take the risks. The rule is clear.
Conclusion: in 2025, the “I didn’t know” excuse is dead
Betting is legal in Brazil, as long as it is on authorized platforms.
Today there are more than 80 licensed operators, in addition to state authorizations and the feasibility of municipal licenses is still being discussed, which are being validated by the STF.
The bettor has clear and safe options, therefore:
✔ there is a regulated market;
✔ there is a crystal-clear legal distinction that is easy to identify;
✔ there is expected punishment;✔ there is real financial risk for those who choose the illegal.
The era of impunity must come to an end.
And for those who insist on the illegality, here is the final warning, direct, objective and blunt:
Did you bet on the illegal? The risk is yours.
And the fine can reach R$200,000.
Waldir Marques is a gaming specialist, Regulatory Consultant, former CEO of Caixa Loterias and former Undersecretary of Regulation at the Ministry of Finance.
Amilton Noble, is a specialist in Games and Lotteries and has been operating in the market for over 30 years, having created several lottery, capitalization and promotional products, in addition to providing consultancy for several companies in the segment.
Fonte: Gaming365 – Brasil
