The Public Prosecutor’s Office of the Federal District and Territories (MPDFT) opened a civil inquiry against Spribe, the developer of Aviator, suspected of simultaneously supplying licensed platforms and clandestine betting sites in Brazil.
The inquiry is also examining possible irregularities involving RTP and prohibited bonuses by the developer under investigation.
Ordinance No. 1,028, signed on June 8 by prosecutor Paulo Roberto Binicheski, was published in the Federal Official Gazette this Monday (15).
The company holds valid technical certification to operate in the regulated Brazilian market, but is being investigated on suspicion of supplying Aviator to clandestine sites.
According to the Public Prosecutor’s Office, it would be using this credential to also supply operators without authorization from the SPA/MF, which operate without paying taxes, without anti-money laundering controls, and without the player protection requirements set out in Law 14,790/2023.
For the prosecutor responsible for the case, “the guiding thread of the analysis is verifying the responsibility of the game provider as a necessary participant in structuring a system that, in theory, harms the consumer and the economic order.”
Discrepancies and irregularities
However, the inquiry is also examining evidence of discrepancy between the advertised RTP and the one actually applied on the clandestine platforms, as well as the offering of bonuses tied to rollover requirements, a practice prohibited by SPA/MF Ordinance 1,231/2024. These conducts may constitute misleading advertising and abusive practices against consumers.
The direct impact therefore falls on licensed operators, who bear the costs of compliance, audits, and taxation while competing with illegal platforms that operate without these obligations.
The MPDFT points to this imbalance as damage to the sector’s economic order.
Next steps
As an immediate measure, the Prosecutor’s Office recommended that the SPA/MF suspend Spribe’s technical certification until proof of the interruption of the irregular supply is provided.
It was recommended that Anatel immediately block all links, domains, and subdomains related to Aviator outside the regulated environment. Both agencies have 48 hours to respond. Influencers who promote the game on illegal platforms may also be summoned to testify.
If the responses are insufficient, the Public Prosecutor’s Office may turn to the courts for injunctive relief, asset freezing, and search and seizure. Spribe has not yet commented.
Other investigations involving Aviator
The MPDFT investigation is not the only one involving the Aviator game in Brazil. In April of this year, Spribe obtained a preliminary injunction from the Pernambuco State Court of Justice (TJPE) against NSX Brasil, the parent company of Betnacional, in a lawsuit related to the use of the Aviator brand.
At the time, the developer stated that the operator was improperly using the registered trademark and visual elements associated with the game created by the company. The court ordered the suspension of the use of the Aviator name and signs considered similar, under penalty of a daily fine.
The case involved intellectual property issues, while the investigation now opened by the MPDFT is examining possible irregularities related to the supply of the game to betting platforms without a license to operate in the Brazilian market. When contacted by the staging-latam.next.io/ team, SPRIBE declined to comment.