The Federal Justice accepted the arguments of the Attorney General of the Union (AGU) and did not authorize the betting sites Zeroumbet Digital Platform, from São Paulo (SP), to enter the list of regular bets in Brazil. In a preliminary decision, the 14th Civil Court of São Paulo preserved the competence of the Ministry of Finance (MF) to establish the conditions and deadlines to develop the activity as it is a public service, since the exercise is conditioned to the authorization of the Executive Power.
The Ministry's decision, contrary to the operation of the company, was based on the fact that the managing partner of the company is the target of a criminal investigation regarding the possible practice of money laundering acts through, precisely, fixed quota betting companies, the so-called bets, which goes against the proof of integrity required by the MF in its own regulation.
For the company, however, this decision would violate the constitutional principles of presumption of innocence, equality, legal certainty, and free enterprise.
In the understanding of the 14th Civil Court of São Paulo, the Ministry's position is neither illegal nor abusive, considering the legal and regulatory norms that govern the market the company wishes to explore. And that, therefore, there is no basis to invalidate the act in a judicial scope.
According to the legislation that regulates the performance of the Ministry of Finance - Law No. 14790/2023 -, the said authorization has the nature of a discretionary administrative act, practiced according to the convenience and opportunity of the Ministry of Finance, considering the national interest and the protection of the interests of the community, and has a very personal, non-negotiable, and non-transferable character.
In the process, the company Zeroumbet Digital Platform requested the release of three brands:
-zeroum.bet
-energia.bet
-sportvip.bet
Source: Special Advisory of Social Communication of the AGU
