The General Coordination of Systems of the Secretary of Prizes and Bets (SPA) has issued a technical note clarifying that online "jogo do bicho" or similar games cannot be offered by betting companies. The document states that although the game is similar to lottery products, it is considered a criminal misdemeanor and should not be certified. The department recommends that this guidance be communicated to accredited laboratories.
The technical note SEI No. 3826/2024/MF from the General Coordination of Systems, issued this Wednesday (11), advises the Secretary of Prizes and Bets (SPA) not to allow companies that have approached the Department seeking a license to offer online games under the name “jogo do bicho”. They also cannot adopt the specific rules of this game in their online game offerings.
In the document, João Paulo Resende Borges, general coordinator of systems, describes the lottery modalities allowed in Brazil and points out, among them, the fixed quota type, which involves real or virtual events, where it is defined, at the time of placing the bet, how much the bettor can win if correct.
Regarding the jogo do bicho, although it also has a fixed payment quota according to the type of bet, it is prohibited in the country for being considered a criminal misdemeanor. For this reason, the note determines that the jogo do bicho or other similar modalities with the same rules, cannot be offered by betting companies.
As the law of criminal misdemeanors expressly considered the jogo do bicho as an illicit activity, the general coordinator understands that it cannot be framed in any of the lottery modalities covered by Law No. 13.756.
“Given that the jogo do bicho, being an illicit lottery modality distinct from the fixed quota betting modality, which is covered by Laws 13.756 and 14.790, the operators of fixed quota lottery betting cannot offer online games that adopt the specific rules of the jogo do bicho, even if the technical requirements of online games and live game studios, as addressed by SPA/MF Ordinance 1.207, are observed”, the technical note points out.
Regarding certifying entities, the document states:
“Extensively, since in the activities of technical certification, the certifying entities whose operational capacity has been recognized by the Secretary of Prizes and Bets, under the terms of SPA/MF Ordinance 300, must consider not only the requirements of SPA/MF Ordinance 1.207, but also other Ordinances and regulatory guidelines of the Secretary, it is clear that online games that adopt the specific rules of the jogo do bicho, as provided in this Technical Note, cannot be certified”.
“As a precaution, it is understood that online games that adopt the name 'jogo do bicho' cannot be certified, under the risk of making unwanted associations between the two lottery modalities, one legal and the other illegal”, continues the technical note.
In the conclusions, the general coordinator points out:
“In view of the above, due to the jogo do bicho being an illicit lottery modality distinct from the fixed quota betting modality, covered by Laws 13.756 and 14.790, the operators of fixed quota lottery betting cannot offer online games that adopt the specific rules of the jogo do bicho. In order to guide the certifying entities whose operational capacity has been recognized by the Secretary of Prizes and Bets under the terms of SPA/MF Ordinance 300, regarding the prohibition of certifying online games as stated in this Technical Note, even when the technical requirements provided in SPA/MF Ordinance 1.207 are observed, it is proposed to send this document to these certifying entities, for their knowledge and actions.
Opportunely, it should be clarified that the content of this Technical Note must be observed by the certifying entities even for the case of online games that have already been certified prior to the sending of this Technical Note
”.
Source: GMB
