Senator Marcos Rogerio requested the CPI of Bets to send to the Federal Court of Accounts a letter requesting the immediate suspension of the authorizations issued by the Treasury, except for the accredited companies in the States, and the removal of Regis Dudena, Secretary of Prizes and Bets. He points out the renunciation of tax and non-tax revenues with the permission for the bets to operate until the regulated market starts on January 1, 2025.
In a development of the hearings in the CPI of Bets, Senator Marcos Rogério (PL-RO) requested the presidency of the Commission to send to the Federal Court of Accounts (TCU) a letter in order to adopt immediate measures regarding the operation of sports betting and online gaming sites in Brazil.
In the document, he requests:
"1. The establishment of a fact-finding procedure to verify the administrative conducts that allowed the irregular entry of new companies in the exploitation of the described activities, as well as the undue granting of fiscal and tax benefits, the renunciation of tax and non-tax revenues;
2. The adoption of the following precautionary measures, in addition to others that the Court of Accounts deems pertinent:
* The immediate suspension of the authorizations granted by the Secretary of Prizes and Bets of the Ministry of Finance through the “national list of companies that can offer fixed quota bets”, with the exception of those companies accredited at the state level;
* The issuance of a directive to the National Telecommunications Agency (Anatel) for the immediate blocking of all sites of companies included in the “national list of companies that can offer fixed quota bets” of the Secretary of Prizes and Bets of the Ministry of Finance, with the exception of those companies accredited at the state level;
* The cautionary removal of Mr. Regis Anderson Dudena, Secretary of Prizes and Bets of the Ministry of Finance, until the conclusion of the audit process in question.
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In his justification, Marcos Rogério points out:
Considering the serious facts reported in previous testimonies, indicators of probable illicit money laundering, tax evasion, and evasion of foreign exchange, as well as renunciation of Tax and Non-Tax Revenues, from the identification of conducts that resulted in the renunciation of revenues by the Union, without due observance of the requirements provided in Article 14 of Complementary Law No. 101/2000 (Fiscal Responsibility Law), and outside the cases expressly provided, including the absence of an estimate of budgetary-financial impact and the absence of compensation measures, in an amount exceeding R$3 billion reais;
Considering the indications that the Ordinances edited by SPA/MF promote, as well as for the edition of “national list” by SPA/MF, with authorizations for operation until December 31, 2024, with effective provision of lottery services delegated to private entities without the realization of a bidding process, in apparent violation of the principles of legality, impersonality, morality, publicity, and efficiency (Article 37, caput, of the Federal Constitution), as well as the mandatory bidding for the delegation of public services (Article 175, sole paragraph, inc. I, of the CF);
Considering the indications of use of “adaptation period” to favor companies, through administrative acts that allowed, improperly, the creation and operation of new companies not eligible for the exploitation of activities, during the period originally instituted for the adaptation of companies already in operation. These acts were supported by illegal interpretations performed by public managers, to the detriment of the treasury, and resulted in the granting of fiscal and tax benefits incompatible with current legislation;
Considering, moreover, the public and notorious participation of offshore companies, based in jurisdictions known for a favored tax regime, acting directly in the exploitation of services, compromising the transparency and traceability of financial flows related to public revenues; and
Considering, finally, the public possible damage to the treasury and direct offense to the constitutional principles of public administration and responsible fiscal management, and furthermore, the participation of offshore companies without due oversight may pose a risk of money laundering and tax evasion, requiring in-depth investigation to ensure the integrity of public finances and the protection of public interest.
Source: GMB
