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MP 1.394 of 25 Sep 2026 bans fixed-odds betting, online games and their advertising nationwide; SPA authorisations end 30 days after publication.

Regulator
Secretaria de Prêmios e Apostas (SPA), Ministério da Fazenda
Last reviewed

Brazil's federal fixed-odds betting market has been dismantled. On 25 September 2026, the President issued Medida Provisória nº 1.394, published the same day in an extra edition of the Diário Oficial da União. It prohibits the operation, offer, intermediation and advertising of fixed-odds betting (apostas de quota fixa) anywhere in Brazil, whether physical or online. The ban covers bets on real sporting events and on online casino-style games. It also covers operators based abroad that offer bets to people in Brazil. Other lottery types authorised by law are not affected.

The measure took effect on publication. It ends a regulated market that had operated since 1 January 2025. In July 2026, the Ministério da Fazenda said 85 companies held authorisation from its Secretaria de Prêmios e Apostas (SPA).

Regulator and licensing

The SPA is the Ministério da Fazenda body responsible for fixed-odds betting, commercial promotions, philanthropic draws and lotteries. Its remit is to authorise, regulate, monitor, supervise and sanction operators.

Before the ban, the framework worked like this:

  • Legal basis: Lei 13.756/2018 legalised fixed-odds betting on sport, and Lei 14.790/2023 extended it to online games.
  • Authorisation: operators needed prior SPA authorisation under Portaria SPA/MF nº 827 of 21 May 2024.
  • National market: from 1 January 2025, only SPA-authorised companies could operate nationally.
  • Brands and domains: each authorisation allowed up to three brands, and every federally authorised betting site used the ".bet.br" domain.

MP 1.394 dismantles this framework:

  • End of authorisations: federal authorisations granted under Lei 14.790 end 30 days after publication. State and district concessions are also extinguished.
  • No refund: operators get no refund of the grant fee (outorga) and no compensation.
  • No new licences: new authorisations are barred, and undecided applications lapse.
  • Lei 14.790 revoked: articles 1 to 40, 43 to 48 and 54 of the law are revoked. It still applies to conduct during the authorised period and to the wind-down.
  • Payments: banks, payment institutions and payment-scheme participants may not process betting transactions, except those needed to close operations and refund players.

The SPA keeps its powers to supervise and sanction past conduct. Under Portaria SPA/MF nº 3.005 of 2 October 2026, former operators must:

  • report final player balances through the Sigap system by 7 October
  • regularise their financial and regulatory obligations by 15 December 2026
  • report changes to their legal representative or contact details within 48 hours

Key rules for affiliates

The current rule is a blanket ban. Article 16 of MP 1.394 prohibits all communication, advertising, propaganda, marketing and sponsorship relating to fixed-odds betting, in any physical or digital medium. This covers any content aimed at the Brazilian public that offers or promotes betting, or makes it easier to reach, "independentemente do formato ou da forma de remuneração" (regardless of format or how it is paid for). The MP gives these further details:

  • Removal deadline: advertising material and sponsorship signage had to be removed within ten days of publication.
  • Exemption: content published before the MP, where betting advertising is only incidental to that content, is exempt.
  • Enforcement: breaches count as abusive advertising under the Consumer Defence Code (CDC) and are enforced by consumer protection bodies. These bodies can order content suspended and impose counter-advertising.
  • Internet platforms: providers have a duty of care to stop this content circulating, even when third parties post it. App stores must block banned products. Fines for providers reach up to 10% of group revenue in Brazil, or R$10 to R$1,000 per registered user, capped at R$50 million per infraction.
  • Blocking: the Ministério da Fazenda and the Ministério da Justiça e Segurança Pública can have sites blocked or redirected through Anatel and CGI.br.

The rules before the ban. Portaria SPA/MF nº 1.231 of 31 July 2024 defined affiliates as people or companies that advertise for an operator in return for performance-linked compensation. It made operators jointly liable for their affiliates' marketing. It also required written contracts in Portuguese covering three points: whether subcontracting was allowed, the affiliate's compliance duties and the compensation criteria. Operators had to keep these contracts available to the SPA. In 2026, the rules were tightened twice more, by Lei 15.358 and by the July advertising portarias listed below.

Recent changes

  • 7 November 2025: Portaria SPA/MF nº 2.579 amended Portaria 1.231 to provide for player self-exclusion from betting systems.
  • 24 March 2026: Lei 15.358 added a new administrative infraction to Lei 14.790. It covers running, promoting, boosting or monetising advertising linked to an unauthorised operator, including through social networks, content creators, influencers or marketing firms, where there is clear knowledge that the operator is unauthorised.
  • 3 and 10 July 2026: Portaria SPA/MF nº 1.964 and Portaria Interministerial MF/SECOM/MJSP nº 73 tightened advertising rules:
    • Ads had to carry a Ministério da Fazenda warning covering at least 10% of the ad area, from 17 July.
    • Responsibility extended to everyone involved in promotion.
    • Pundits were banned from encouraging bets, and promoting unauthorised brands was prohibited.
  • 10 September 2026: Portaria SPA/MF nº 2.750 set procedures against payment transactions linked to illegal betting.
  • 25 September 2026: MP 1.394 banned fixed-odds betting and its advertising nationwide.
  • 2 October 2026: Portaria SPA/MF nº 3.005 set the wind-down procedures and the 15 December 2026 deadline.
  • 5 to 14 October 2026: the government timetable runs as follows:
    • Players could withdraw funds voluntarily until 23:59 on 5 October.
    • Sites and apps had to be unavailable from 6 October.
    • Banks are to return remaining balances from 9 to 14 October.
    • Caixa Econômica Federal acts as intermediary for any refunds that remain from 14 October.

Sources

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