The Secretariat of Prizes and Bets (SPA) published Ordinance No. 1,237 determining that operators must block and cancel the accounts of people enrolled in the Desenrola Brasil program.
Thus, anyone who is part of the government’s new debt renegotiation program will not be able to access any betting site licensed in the country.
Operators have up to 10 days to implement procedures to comply with the measure, starting from the date the ordinance was published, on May 5th.
In addition to this, there is a 15-day period, also counted from May 5th, to check whether their users are or are not Desenrola beneficiaries.
How sites must carry out the blocking
Along with the ordinance, SPA also published Normative Instruction No. 3 in the Federal Official Gazette, explaining how betting sites must block Desenrola participants.
According to the instructions, every licensed operator must check the Betting Management System (SIGAP) to verify whether the user is registered in the program.
There are specific rules for the procedure, which are available in the SIGAP Blocked Persons Module Manual.
Each operator will need to carry out the check right when registering a new user or at the first login of the day for those already registered.
When accessing the SPA system, the operator will search by CPF. If the program returns the information Blocked, this indicates that the user must be blocked.
Before suspending the account, the operator is responsible for notifying the bettor by email, SMS, or other means, within 1 day after the check.
This will allow the user to withdraw the balance in the betting site account within up to two days. Otherwise, the operator will need to refund the amount within 2 days, by sending it to one of the payment methods registered by the bettor.
Furthermore, open bets will be canceled and the amounts fully refunded.
What is the New Desenrola Brasil
Desenrola Brasil is a program created by the federal government for debt renegotiation. Those who decide to participate can get up to 90% discount and low or zero interest rates on their outstanding financial obligations.
The trade-off, however, is that the beneficiary will not be able to access or place online bets for a period of 12 months.
“Those who are in debt and will join the program with a series of benefits will self-exclude and be blocked from placing online bets for a year, which allows you to think and adjust your financial life,” explained Dario Durigan, Minister of Finance.
Repercussions in the gaming sector
The new regulation also implies a change in the compliance that betting sites in Brazil must adhere to.
First of all, it adds an extra level of compliance for operators within a total period of 15 days, counted from May 5th.
If they fail to comply with the new requirements, the operator may be notified, fined, or even have its license suspended or canceled, as stipulated by Articles 41 and 42 of Law No. 14,790.
In extreme situations, the fine can reach R$2 billion per infraction, capped at 20% of the operator’s annual revenue, in addition to the possibility of license suspension or revocation.
Officially, the Brazilian Institute of Responsible Gaming (IBJR) pointed out that excluding Desenrola beneficiaries from betting sites does not address the main problem in Brazil’s gaming sector, which is the illegal market.
“The entity also emphasizes that restrictions on access to the regulated sector may encourage users to migrate to clandestine platforms, which already handle around R$40 billion per year and operate without any oversight or consumer protection mechanisms,” IBJR states.
For its part, the National Association of Games and Lotteries (ANJL) also believes that, although the program is beneficial, the new rule does not address the illegal market, which accounts for about half of the sector in the country.