Federal deputy Marangoni presented to the Chamber of Deputies Bill No. 5,982/2025, which establishes the Legal Framework for State and Municipal Lotteries. The proposal creates a complete set of rules to regulate the creation, authorization, exploration, inspection, sanctions, governance, technology, prevention of money laundering and consumer protection within the scope of subnational lotteries, excluding only fixed-odd bets, already regulated by Federal Law No. 14,790/2023.
According to the text, states and municipalities that already have lotteries will need to adapt their regulations to national guidelines as soon as the law comes into force, ensuring greater uniformity and legal security across the country.
The project provides that the operation of lotteries may be carried out directly by the public entity or indirectly, through delegation to private companies through bidding, concession, accreditation or public-private partnership. This delegation will have a very personal nature, not allowing sub-delegation, and will always be accompanied by constant supervision by internal and external control bodies, in addition to the audit courts. Although the operation can only take place within the geographic limits of the state or municipality that grants the license, the consumer will be free to choose where to bet.
To receive the delegation, the interested company must prove its headquarters in Brazil, share capital compatible with the size of the operation, suitability of partners and executives, tax and labor regularity and auditable and secure technological infrastructure. The absence of conflict with sports entities, membership of sports integrity bodies when betting related to sports and demonstration of customer service capabilities are also required. The notices, in turn, must detail technical parameters, governance requirements, grant values, social obligations, contractual deadlines, renewal hypotheses and applicable penalties.
The PL determines that all operators, whether public or private, maintain a series of mandatory corporate policies, including integrity programs, anti-corruption policies, money laundering prevention, player protection practices, ombudsman in Portuguese, transparency and responsible advertising. Operators must also maintain headquarters or branches in the state or municipality where they operate, reinforcing local presence and the scope of inspection.
Lottery advisor
One of the most significant innovations of the proposal is the creation of the “lottery advisor”, a company authorized to intermediate bets on state and municipal lotteries (but never fixed-odd bets, object of Law 14,790/23). These advisors will be able to collect betting orders, officially purchase tickets, store and check receipts, pass on prize amounts to bettors and operate aggregation platforms or physical distribution networks.
Although they perform relevant functions, these intermediaries should not be confused with lottery operators: the final responsibility remains with the public entity and the authorized operator. To act, the advisor must be a business company based in Brazil and follow governance, compliance and integrity standards, in addition to observing prohibitions that prevent participation by people convicted of serious crimes or by public agents involved in regulating the sector.
Bettor protection
The project reserves an entire chapter for the protection of bettors, defined as holders of fundamental rights. These include ensuring clear information about rules, risks and probabilities; protection against abusive or deceptive practices; security in the processing of personal data in accordance with the LGPD; accessible and efficient service; and tools to prevent compulsive gambling.
The participation of minors under 18, the provision of credit or bonuses to encourage betting, advertising campaigns aimed at children and teenagers and advertisements that suggest that gambling is a source of income or financial solution are prohibited. Furthermore, the operator must offer self-limitation tools, warnings about compulsive behaviors, self-exclusion tools, educational materials and support for players with a risk profile. The bettor will also have the right to full access to his betting and movement history.
Integrity
The integrity of the draws and technological security are a central part of the proposal. The PL provides that all betting systems must be auditable and, preferably, use technologies such as blockchain, guaranteeing full traceability. Operators must allow continuous and secure access to their systems for supervisory bodies. Supervision of the activities will be the responsibility of the public entity that owns the service, the audit courts and the Public Prosecutor’s Office, including verification of contractual, financial, accounting, integrity of results and respect for the consumer.
Collection
With regard to collection, the project establishes that the net revenue from lotteries, understood as the total amount collected minus prizes, taxes, operational costs and operator remuneration, must be allocated to public interest purposes.
The text defines education, health, social assistance, sport, public safety, culture, tourism, entrepreneurship, innovation, technology and infrastructure as priority areas. Each state or municipality must create a Special Lottery Management and Guarantee Fund, financed with 0.05% of gross revenue, responsible for managing and ensuring the appropriate allocation of resources.
Prizes unclaimed within 90 days will automatically be divided between the education and civil defense funds. In addition, federative entities must publish complete reports on revenues, awards, budget execution and technical opinions on a quarterly basis, with mandatory availability on a transparency portal.
Payment Methods
The PL also regulates in an unprecedented way the payment methods used in state and municipal lottery operations. These means will depend on the specific accreditation of the public entity and must be integrated with Pix, guarantee full traceability of transactions and allow the granting authority to have continuous access to the accounts intended for the movement of resources.
The payment method may be responsible for collecting taxes, preventing money laundering, monitoring transactions and maintaining operational integrity.
The law creates a prudential segmentation, classifying financial and payment institutions according to their size and international operations, imposing proportional obligations related to governance, auditing, minimum capital, technological standards and sending information. Each category, whether large, significant, medium and small, will have specific requirements, always related to the security and stability of lottery operations.
Infractions
The sanctioning regime described in the project is robust. For lottery operators, actions such as operating without a license, accepting unauthorized bets, failing to comply with integrity standards, broadcasting irregular advertising, allowing restricted people to participate or manipulating results are considered infractions.
Possible sanctions include warnings, fines proportional to revenue, suspension of activities for up to 180 days, revocation of authorization, ban on working in the sector for up to 10 years and disqualification of managers for up to 20 years.
If it is proven that the bettor cheated or participated in manipulation of results, the operator may demand a double return of the prize obtained. For financial and payment institutions, the PL prohibits any link with unauthorized operators, including opening accounts, providing technology or processing transactions for illegal lotteries.
Penalties range from high fines to suspension of services, operational restrictions and even revocation of operating authorization. Internet providers, platforms and hosting services will be obliged to block access to unauthorized lottery websites whenever notified, and must maintain permanent communication channels with the regulator.
By bringing together governance, security, technology, fiscal responsibility and consumer protection guidelines, the Legal Framework for State and Municipal Lotteries presents itself as the most comprehensive regulatory framework ever proposed for the subnational sector.
The project seeks to modernize and standardize practices across the country, strengthening the integrity of operations, increasing legal security for investors and operators and ensuring that the resources raised are directed in a transparent and efficient way towards essential public policies.
Fonte: Gaming365 – Brasil
