President Luiz Inácio Lula da Silva signed on Friday (25) a Provisional Measure that brings betting operations in Brazil to an end. The measure prohibits the operation, offering, intermediation and advertising of betting and online games in Brazil, the so-called “bets”.
From the date of publication of the Provisional Measure, platforms are prohibited from accepting new bets. The measure establishes a transition period for authorised companies to wind down their operations.
With the publication of the Provisional Measure:
- New deposits with betting operators are prohibited immediately;
- Bettors have until 5 October to withdraw their balances voluntarily;
- Websites and applications must go offline from 6 October;
- Between 7 and 8 October, companies will inform banks of balances linked to CPF numbers;
- Between 9 and 14 October, banks will refund the amounts;
- Caixa may act as an intermediary in the refund process where repayment is impeded.
Read the Provisional Measure in full:
PROVISIONAL MEASURE No. 1,394, OF 25 SEPTEMBER 2026
Prohibits the operation, offering, intermediation and advertising of fixed-odds betting lotteries within the national territory, establishes the Interinstitutional Committee for the Oversight of the Illegal Operation and Advertising of Fixed-Odds Betting, and amends Law No. 14,790 of 29 December 2023.
THE PRESIDENT OF THE REPUBLIC, in exercise of the power conferred upon him by Article 62 of the Constitution, adopts the following Provisional Measure, with force of law:
CHAPTER I
OBJECT AND SCOPE OF APPLICATION
Article 1. The operation, offering, intermediation and advertising of fixed-odds betting lotteries, by physical or virtual means, are prohibited within the national territory, including where carried out by an agent established abroad that offers them to a person located within the national territory.
§ 1. The prohibition referred to in the caput covers bets on real sporting events and on virtual online gaming events.
§ 2. The prohibition referred to in the caput does not apply to other lottery modalities authorised by law.
Article 2. The provisions of this Provisional Measure apply to the operation of fixed-odds betting lotteries in the States and the Federal District.
§ 1. State and Federal District concessions, permissions or authorisations for the operation of fixed-odds betting lotteries shall be terminated within the period provided for in Article 4.
§ 2. The provisions of Chapters II and III shall apply, where applicable, to the operation of fixed-odds betting lotteries referred to in this Article.
Article 3. For the purposes of this Provisional Measure, the following definitions apply:
I – fixed-odds bet – an act by which a specified amount is placed at risk in expectation of obtaining a prize whose amount is determined by a multiplier;
II – real sporting event – an event, competition or act that includes sporting competitions, tournaments, games or contests, whether individual or collective, whose outcome is unknown at the time the bet is placed;
III – online game – an electronic channel that enables a virtual bet on a game in which the result is determined by the outcome of a future random event, based on a random generator of numbers, symbols, images or objects defined in the set of rules;
IV – virtual online gaming event – an event, competition or act involving an online game whose outcome is unknown at the time the bet is placed; and
V – betting operator – a legal entity that has received authorisation to operate fixed-odds betting lotteries, pursuant to Law No. 14,790 of 29 December 2023.
CHAPTER II
TERMINATION OF AUTHORISATIONS FOR THE OPERATION OF FIXED-ODDS BETTING LOTTERIES
Article 4. Concessions, permissions and authorisations for the operation of fixed-odds betting lotteries granted pursuant to Law No. 14,790 of 29 December 2023 shall be terminated upon expiry of thirty days from the date of publication of this Provisional Measure, without prejudice to compliance with the obligations and prohibitions applicable during the transition period referred to in Chapter III.
Sole paragraph. The termination referred to in the caput is due to a reason of public interest and does not entitle the betting operator to the total or partial reimbursement of the consideration paid for the grant of authorisation pursuant to Article 12 of Law No. 14,790 of 29 December 2023, nor to compensation by the Government.
Article 5. The termination referred to in Article 4 does not prejudice the exercise of the supervisory and inspection powers of the Secretariat of Prizes and Betting of the Ministry of Finance in relation to events occurring during the validity of authorisations for the operation of fixed-odds betting lotteries.
Sole paragraph. Betting operators shall keep the information relating to their legal representative, electronic address and other means of contact up to date with the Secretariat of Prizes and Betting for as long as necessary to comply with the outstanding obligations provided for in this Provisional Measure.
Article 6. From the date of publication of this Provisional Measure, no new concessions, permissions or authorisations for the operation of fixed-odds betting lotteries may be granted.
Sole paragraph. Applications for concessions, permissions and authorisations for the operation of fixed-odds betting lotteries that have not yet been decided on the date of publication of this Provisional Measure shall be deemed to have lapsed.
CHAPTER III
OBLIGATIONS OF BETTING OPERATORS DURING THE TRANSITION PERIOD
Article 7. Ten days after the date of publication of this Provisional Measure, betting operators shall make access to the websites and internet applications intended for the offering of fixed-odds betting unavailable, including through app stores, failing which they shall be subject to blocking.
§ 1. From the date of publication of this Provisional Measure, the inflow of new funds into transactional accounts is prohibited, except for amounts demonstrably originating from the redemption, maturity, sale or liquidation of financial assets in which bettors’ funds were invested on that date, including earnings thereon, provided that such amounts are used exclusively to comply with the obligations set out in this Article.
§ 2. Open fixed-odds bets whose outcomes have not been determined within the period provided for in the caput shall be deemed void, in which case bettors shall be guaranteed a full refund of the amounts wagered, with deductions of any kind prohibited.
§ 3. Bettors shall be guaranteed the right to receive prizes arising from bets whose outcomes have been determined by the end of the period provided for in the caput.
Article 8. Following the disabling of access referred to in Article 7, betting operators shall, within two days:
I – ensure the availability and liquidity of the funds necessary for the full refund of amounts due to bettors, including available balances, amounts corresponding to bets deemed void and prizes due;
II – send to the financial institutions and payment institutions holding their transactional accounts an itemised list of bettors, indicating their registration number in the Cadastro de Pessoas Físicas – CPF, the amounts to be refunded and the accounts from which the funds originated; and
III – send to the Secretariat of Prizes and Betting the information referred to in item II, accompanied by evidence that the funds required for the refunds are available.
§ 1. Funds intended for refunds shall remain segregated from the assets of betting operators and held in the respective transactional accounts, and their movement for any purpose other than payment of amounts due to bettors is prohibited.
§ 2. Failure to comply with the obligations set out in the caput shall subject the betting operator to a daily fine of R$ 200,000.00 (two hundred thousand reais) until the non-compliance is effectively remedied, without prejudice to the application of other sanctions.
Article 9. The financial institutions and payment institutions holding the transactional accounts of betting operators shall, within seven days from receipt of the information referred to in Article 8, caput, item II, make full restitution of the amounts due to bettors by transferring them to an active deposit or payment account held by the bettor identified by the CPF registration number.
§ 1. The refund referred to in the caput shall preferably be made to the account from which the funds originated, provided that it is active and held by the bettor, with transfer to another account held by that bettor also permitted.
§ 2. At the end of the period provided for in the caput, financial institutions and payment institutions shall send the Secretariat of Prizes and Betting an itemised report of the amounts refunded and those that could not be refunded, identifying the account holders and the reasons preventing repayment.
§ 3. Bettors’ funds that could not be refunded in the manner provided for in the caput shall be transferred by the financial institutions and payment institutions to a specific account at Caixa Econômica Federal for the purpose of repayment to the holders, under the supervision of the Ministry of Finance and with individual identification of the amounts due to each holder.
§ 4. The refund referred to in the caput does not release betting operators from liability for amounts not made available, discrepancies identified or other obligations arising from the operation of fixed-odds betting lotteries.
Article 10. The termination of a concession, permission or authorisation for the operation of fixed-odds betting lotteries, or the cessation of activities, does not release the betting operator from obligations relating to the period during which it was authorised, including obligations:
I – of a regulatory, tax and pecuniary nature, including legally required allocations;
II – relating to the prevention of money laundering, terrorist financing and the proliferation of weapons of mass destruction, responsible gambling and sports integrity;
III – to provide the competent authorities with the information necessary for oversight; and
IV – to preserve, intact and accessible to the competent authorities for a minimum period of five years, data, documents and records relating to activities, including those concerning bettors, bets, financial transactions and prize payments.
Article 11. Betting operators whose authorisations are terminated in the manner provided for in Article 4 shall remain obliged to transmit to the Secretariat of Prizes and Betting, through the Sistema de Gestão de Apostas – Sigap, the data and information relating to activities carried out up to the date on which the operation of fixed-odds betting lotteries ceases, including those relating to:
I – bettors, bets, prizes, deposits, withdrawals and the corresponding transactional accounts;
II – remaining balances and the refund of amounts to bettors;
III – revenue arising from betting operations, legally required allocations and other amounts subject to regulatory reporting;
IV – measures and mechanisms for the promotion of responsible gambling and the protection of bettors, as provided for in the applicable legislation and regulations; and
V – other data and information required under the applicable legislation and regulations.
Sole paragraph. The Secretariat of Prizes and Betting may regulate the form, time limits and procedures necessary for compliance with the obligations to transmit data and information to Sigap.
Article 12. Failure to comply with the obligations set out in this Chapter shall subject betting operators to the sanctions provided for in Article 41 of Law No. 14,790 of 29 December 2023, as applicable, to be imposed by the Ministry of Finance.
Article 13. Administrative sanction proceedings that have not been finally adjudicated by the date of publication of this Provisional Measure and that investigate the occurrence of an infringement of Law No. 14,790 of 29 December 2023 and its regulations are suspended.
Sole paragraph. The administrative proceedings referred to in the caput shall be definitively closed if the betting operators comply in a timely manner with all the obligations set out in this Chapter.
CHAPTER IV
INSTRUMENTS TO ENSURE THE EFFECTIVENESS OF THE PROHIBITION
Section I
Financial institutions, payment institutions, payment scheme operators and other participants in payment schemes
Article 14. Except for transactions necessary to wind down operations and refund amounts to bettors, financial institutions, payment institutions, payment scheme operators and other participants in payment schemes, including instant payment schemes, are prohibited from processing, settling or facilitating transactions intended for fixed-odds betting lotteries, in accordance with regulations of the Central Bank of Brazil.
§ 1. Payment scheme operators shall:
I – provide in their regulations for rules ensuring compliance with the provisions of the caput by all participants, including those not subject to authorisation by the Central Bank of Brazil; and
II – adopt the necessary measures in the event of non-compliance, including exclusion of the participant.
§ 2. The provisions of this Article do not affect the application of Article 21-A of Law No. 14,790 of 29 December 2023.
Article 15. The Central Bank of Brazil shall establish an electronic data communication system to enable financial institutions and payment institutions to reject transactions and carry out the interbank return of funds related to illegal fixed-odds betting within real-time fund transfers whose interbank settlement occurs in a system operated by the Central Bank.
Section II
Communication, advertising, publicity, marketing and sponsorship activities
Article 16. Communication, advertising, publicity, marketing and sponsorship activities relating to fixed-odds betting lotteries are prohibited within the national territory, in any physical or digital medium.
§ 1. The prohibition referred to in the caput covers all content that offers, promotes, publicises or facilitates access to fixed-odds betting lotteries and is directed at the Brazilian public, regardless of the format or form of remuneration.
§ 2. Advertising material and sponsorship signage displayed in physical or digital media shall be removed within ten days from the date of publication of this Provisional Measure.
Article 17. The prohibition provided for in Article 16 does not apply to content published, disseminated or displayed before the date of publication of this Provisional Measure that contains advertising or commercial publicity for fixed-odds betting as an ancillary element of that content.
Article 18. An infringement of the provisions of Articles 16 and 17 constitutes abusive advertising, pursuant to Article 37, § 2, of Law No. 8,078 of 11 September 1990 – Consumer Protection Code, and subjects offenders to the administrative sanctions provided for in Article 56 of that Law, including the imposition of corrective advertising, without prejudice to civil and criminal liability.
§ 1. The infringements referred to in the caput shall be investigated by the bodies comprising the National Consumer Protection System, within the scope of their powers and in accordance with consumer protection legislation.
§ 2. The competent authority may, as an interim measure, order the suspension of the dissemination of the content referred to in the caput of this Article, pursuant to Article 56, sole paragraph, of Law No. 8,078 of 11 September 1990 – Consumer Protection Code.
Section III
Obligations of internet application providers, app stores and operating systems
Article 19. Internet application providers have a duty of care to prevent and stop the circulation, on their services, of the content referred to in Article 16, § 1, even where generated by third parties, in which case they shall be subject to the sanctions provided for in Article 22.
Sole paragraph. Internet application providers shall be held liable for failure to comply with the duty of care where they fail to demonstrate that they have adopted adequate measures to inhibit the circulation of the content referred to in Article 16, § 1.
Article 20. Without prejudice to Article 19, internet application providers shall make unavailable, in response to a notice, third-party-generated content that constitutes a violation of the provisions of this Provisional Measure.
Sole paragraph. The notice referred to in the caput may be issued by an authority forming part of the National Consumer Protection System or by the Ministry of Justice and Public Security.
Article 21. Providers of internet application stores and operating systems shall prevent the availability of products or services prohibited by this Provisional Measure.
Sole paragraph. Without prejudice to the duty to prevent availability, providers of internet application stores shall make unavailable a product or service prohibited by this Provisional Measure after being notified by the competent authority.
Article 22. Failure to comply with Articles 19 to 21 shall subject offenders to the following sanctions, applied by the Ministry of Justice and Public Security individually or cumulatively, without prejudice to civil and criminal liability:
I – warning, indicating a time limit for the adoption of corrective measures;
II – a simple fine of up to 10% (ten per cent) of the economic group’s turnover in Brazil in its most recent financial year, excluding taxes, or, where there is no turnover, a fine of R$ 10.00 (ten reais) to R$ 1,000.00 (one thousand reais) per registered user of the sanctioned provider, capped at a total of R$ 50,000,000.00 (fifty million reais) per infringement;
III – daily fine, subject to the limit provided for in item II;
IV – temporary suspension of activities; or
V – prohibition from carrying out activities.
§ 1. In applying the sanctions, consideration shall be given to the seriousness of the infringement, the number of users affected, the advantage obtained, the offender’s economic circumstances, repeat offending, the offender’s cooperation and the adoption of corrective measures.
§ 2. The sanctions provided for in items IV and V of the caput shall only be applied in the event of repeat offending or repeated non-compliance following the application of the sanctions provided for in items I to III of the caput.
§ 3. In the case of a foreign company, the branch, subsidiary, office or establishment located in Brazil shall be jointly and severally liable for payment of the fine.
Section IV
Blocking of websites and internet applications
Article 23. The Ministry of Finance and the Ministry of Justice and Public Security may request the blocking or redirection of websites that offer fixed-odds betting lotteries.
§ 1. For the purpose of complying with administrative orders to block websites referred to in the caput, responsibility shall lie with:
I – the National Telecommunications Agency – Anatel, for receiving and distributing the orders to telecommunications service providers that provide internet connectivity and to other agents that enable connections between users and internet content servers; and
II – the Brazilian Internet Steering Committee – CGI.br, for receiving orders relating to the resolution of name services registered under the “.br” domain.
§ 2. Subject to § 1, Anatel and CGI.br may determine the most appropriate technical method for implementing the administrative blocking order.
CHAPTER V
FINAL PROVISIONS
Article 24. The Interinstitutional Committee for the Oversight of the Illegal Operation and Advertising of Fixed-Odds Betting is hereby established, coordinated by the Office of the Chief of Staff of the Presidency of the Republic, for the purpose of promoting coordination and joint action among the competent authorities for the prevention, oversight and suppression of the illegal offering, operation and advertising of fixed-odds betting lotteries.
Sole paragraph. Regulations shall provide for the powers, composition and operation of the Interinstitutional Committee for the Oversight of the Illegal Operation and Advertising of Fixed-Odds Betting.
Article 25. For the purpose of complying with this Provisional Measure, the Federal Police, the Special Secretariat of the Federal Revenue of Brazil of the Ministry of Finance and the Council for Financial Activities Control shall share the information necessary for the exercise of their respective powers, subject to the legal provisions relating to personal data protection and confidentiality of information.
Article 26. The States and the Federal District shall, within the scope of their powers, adopt the measures necessary to comply with this Provisional Measure.
Article 27. The Union may enter into cooperation agreements with the States and the Federal District for oversight of compliance with this Provisional Measure and for the sharing of information.
Article 28. Law No. 14,790 of 29 December 2023 shall henceforth read with the following amendments:
“Article 21-A. ………………………………………………………………………………………………
…………………………………………………………………………………………………………………….
III – report to the Council for Financial Activities Control financial transactions related to an irregular operator, including atypical circumstances identified in transactions linked to that operator.
…………………………………………………………………………………………………………………….
§ 2-A. Forfeiture to the Union of amounts held in accounts blocked in the manner provided for in this Article shall be declared in administrative proceedings, under the terms established by regulation, with the principles of adversarial proceedings and full defence guaranteed, and shall not depend on prior judicial proceedings.
§ 3. Amounts declared forfeited in the manner provided for in § 2-A, including amounts relating to taxes, fines and other penalties imposed as a result of the irregular operation of fixed-odds betting lotteries, shall be allocated to the National Public Security Fund – FNSP, referred to in Law No. 13,756 of 12 December 2018.” (NR)
Article 29. The following are repealed:
I – Chapter V of Law No. 13,756 of 12 December 2018;
II – the following provisions of Law No. 14,790 of 29 December 2023:
a) Articles 1 to 21;
b) Articles 22 to 24;
c) Articles 25 to 40;
d) Articles 43 to 48; and
e) Article 54; and
III – Article 68 of Law No. 15,421 of 1 June 2026.
Sole paragraph. The provisions of Law No. 13,756 of 12 December 2018 and Law No. 14,790 of 29 December 2023 shall remain applicable to events occurring during the validity of authorisations for the operation of fixed-odds betting and to compliance with the obligations set out in Chapters II and III of this Provisional Measure, including with regard to the supervisory, inspection and sanctioning powers of the Secretariat of Prizes and Betting of the Ministry of Finance and to the legally required allocation of revenues.
Article 30. This Provisional Measure shall enter into force on the date of its publication.
Brasília, 25 September 2026; 205th year of Independence and 138th year of the Republic.
LUIZ INÁCIO LULA DA SILVA
Dario Carnevalli Durigan
Wellington César Lima e Silva
President of the Federative Republic of Brazil
Diário Oficial da União – texto oficial em português