Last week, two betting sites began improperly using a counterfeit seal with the federal government's logo and the name of the Ministry of Finance without proper authorization. This fact can confuse bettors, and the MF has already spoken out, stating that the use of institutional brands without permission is illegal and can impact the analysis of future requests to operate in the country.
Two betting sites started using a manufactured seal with the federal government's logo and the name of the Ministry of Finance without having asked for permission from the department. A third claims it is licensed, despite the public administration not yet having approved the grants for bets - the process depends on the payment of R$ 30 million to the Union.
The Finance Ministry states that companies cannot use the institutional brands of the ministry and the federal government in their communications. The law aims to restrict the use of the government's credibility to gain financial or symbolic profits and to protect the image of the public administration. The ministry says that the act is illicit and will be considered in the analysis of requests to operate with bets; companies have not commented.
GeralBet did not respond to questions from the Folha report sent on the morning of Friday (11). Another bet removed the seal from the footer on Monday (14).
The seal can confuse the bettor, according to specialized lawyer Pedro Porcaro, since the rules created by the government for the sector are not yet in effect.
"The player might think: I'm going to play in this house here because I have zero risk of it being unauthorized", he exemplifies. This, he says, is not true.
Companies that pass through the regulator's scrutiny must pay R$ 30 million to the government in November and only receive an official response in December. Moreover, they can only claim to be licensed in January 2025.
At the beginning of the month, the Ministry of Finance released a list, later updated, of bets that could continue operating in the country. It is a temporary authorization, until December of this year, during the procedures for analysis for the grant.
The list of bets that can continue is composed of companies that requested authorization from the federal government by September 17 to operate betting sites in Brazil - and that also complied with bureaucratic requirements for registration.
The Secretariat of Prizes and Bets of the Ministry of Finance will still analyze the regularity of each of these companies, with information about the legal qualification and technical qualification of the operators, to grant definitive authorization starting from 2025.
PuskasBet, a brand that claims to be already licensed in the footer text of its site, says that the message refers to the temporary authorization guaranteed by the Finance on the last day 1st.
"The use of the expression ‘licensed’ does not imply the use of the institutional brand of the Ministry of Finance or the federal government", says the risk manager of the company, Manuela Mottin. The bet also warns that it is in the process of adaptation.
According to experts from the Demarest office, except for companies that already have authorization issued by the competent state authorities, companies should avoid claims on their websites that they are already licensed. "This would be incorrect", writes the office in a note.
The Penal Code typifies the manufacture, falsification, or alteration of a public seal or official acts of the Union, with a penalty of two to six years of imprisonment and a fine. "This applies to any brands, logos, acronyms, or symbols", says digital law expert Antônio Alves de Oliveira.
It also commits a crime against trademark registration who reproduces, without authorization from the holder, a registered identity, or imitates it in a way that may induce confusion. Using images against the will of the holder also constitutes a violation of the right to personality provided in the Civil Code.
According to the department, the bets indicated in the list of the Secretariat of Prizes and Bets, which can operate without a license until the beginning of the regulated market in 2025, signed a declaration of responsibility and awareness that the commission of illicit acts will be considered in the analysis of the request for authorization for commercial exploitation of fixed quota bets (jargon for sports betting and electronic slot machines).
Source: Folha
