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Regulatory

Brazil to Sue Eight Operators Over Withheld Refund Data as the Sum Owed Falls to R$159 Million

Antonina TupikovaBy Antonina Tupikova · Founder, iGaming Times3 min read
Brazilian gambling association sues supermarket group over anti betting video

The Attorney General's Office says it will go to court to force eight former licensees to give their banks the per-player lists the ban requires. The same release cuts the money still owed to bettors from about R$1.2 billion to R$159 million, and does not say how.

  • Brazil's Attorney General's Office (AGU) will sue eight betting companies that did not send their banks the per-player balance data due by 7 October, according to a federal government release of 10 October that does not name them
  • The release puts the sum still to be returned at R$159 million, approximately $32 million, across 22.5 million bettors and 70.5 million accounts, down from about R$1.2 billion when voluntary withdrawals closed on 5 October
  • Of those accounts, 90% hold less than R$1 and 97% less than R$10, and banks have until 14 October to pay before unpaid sums pass to Caixa Econômica Federal
  • At least 23 football clubs have asked the Supreme Federal Tribunal (STF) to join the challenge to the ban, with Flamengo putting its own loss at up to R$430 million next year
  • Flamengo replaced its Betano shirt sponsor with the slogan "Proibir não é proteger" on 8 October, and Fluminense agreed to do the same in Sunday's derby with Flamengo

The Government Moves Against the Operators Holding Up the Refunds

The federal government said on Saturday 10 October that eight companies had not sent the banks holding their transaction accounts the balance data of their remaining bettors, and that the AGU "ingressará com ação judicial" (will bring a lawsuit) to force them to supply it. The release, issued by the Presidency's Secretariat of Social Communication (Secom) and carried by CNN Brasil and Agência Brasil, does not name the eight, the court or a case number, and we could find no published filing by Sunday. The AGU's own news pages could not be accessed.

The obligation comes from Article 8 of Provisional Measure 1.394. Within two days of going offline, operators must send their banks a list of bettors with each CPF taxpayer number, the amount owed and the account the money came from, and send it to the Secretariat of Prizes and Betting (SPA) with proof the funds are there. Failure carries a daily fine of R$200,000, approximately $40,000, "até a sua efetiva regularização" (until it is put right). The release does not say whether the fine has been applied. SPA/MF Ordinance 3.005 of 2 October set the reporting deadline at 7 October and gives companies until 15 December to settle remaining obligations, according to the Finance Ministry.

iGaming glossary: 430+ terms explained.

The Sum Owed Falls by About R$1 Billion in Five Days

The release puts the balance still to be returned at R$159 million, based on "informações atualizadas repassadas pelas próprias empresas" (updated information supplied by the companies themselves). When voluntary withdrawals closed on 5 October the figure was about R$1.2 billion, and the current amount "resulta da atualização dos dados pelas empresas" (results from the companies updating the data), it says. Agência Brasil reported the same numbers as more than R$1 billion returned to bettors; the release does not say that.

The data covers 22.5 million bettors across 70.5 million accounts, 90% of which hold less than R$1 and 97% less than R$10. Banks are paying between 9 and 14 October, after which sums they cannot return go to Caixa Econômica Federal. The SPA's bulletin of 6 October had put the unclaimed total at R$1.325 billion across about 26.5 million bettors, with 86.2 million accounts holding under R$1. The new release does not reconcile the two. It also says 16,627 illegal sites were sent for blocking between 25 September and 9 October.

Clubs File Their Losses and Wear the Industry's Slogan

At least 23 clubs have now asked the STF to join the case against the measure, according to O Globo, up from the 17 that asked on 2 October and five more that sought a transition. Flamengo, which filed first with Justice Luiz Fux, says it "estimou perdas imediatas de receita da ordem de R$ 400 milhões a R$ 430 milhões" (estimated immediate revenue losses of about R$400 million to R$430 million), approximately $86 million at the top end, for next year. Its request sits in ADI 8027, the National Association of Games and Lotteries' (ANJL) action, Correio Braziliense reported; the docket shows an amicus petition on 9 October and no decision.

Botafogo, in judicial recovery since May, says the roughly $10 million a year from its Vbet sponsorship underpins the plan put to its creditors. São Paulo says its suspended Superbet contract provides R$95 million in 2026 and R$678 million to 2030. A petition from 16 clubs, including Fluminense and Cruzeiro, says betting companies paid Série A clubs more than R$1 billion in 2025, 34% of their commercial revenue, according to O Globo.

On 8 October, Flamengo played Santos with "Proibir não é proteger" (banning is not protecting) in the space Betano occupied, Lance! reported, a phrase from a manifesto by the ANJL, the Brazilian Institute for Responsible Gaming (IBJR) and formerly licensed operators. Fluminense agreed to carry it in Sunday's derby at the Maracanã under an arrangement between Betano and Superbet, A Gazeta reported; neither club has ended its contract.

iGaming glossary: 430+ terms explained.

The Missing Billion Needs an Explanation Before the Refunds Can Be Judged

A fall from about R$1.2 billion to R$159 million in five days is either a success or a correction, and the release does not say which. If players withdrew most of the money before the deadline, the system worked; if operators' revised data shrank the sum, the SPA should say by how much. Bettor and account counts also fell, from 26.5 million to 22.5 million and from 86.2 million to 70.5 million. Until a reconciliation is published, the R$159 million is the operators' own figure, and it may not yet include whatever the eight holdouts owe.

The Eight Holdouts Test Whether the Ban Binds Companies It Has Closed

The case asks for data, not money, but its timing matters. Licences are extinguished on 25 October, the date a São Paulo judge held the government to for Stake, and companies with no Brazilian business left have little to protect by complying. That is why the measure keeps operators liable after extinction and backs Article 8 with a daily fine. A court order will show whether those duties bind former licensees whose groups may sit abroad. Because the government has not named the eight, players cannot tell whether their own operator is among them.

The Clubs' Best Argument Is the Missing Transition, Not the Revenue Share

The clubs' figures depend on the denominator: the 16-club petition puts betting at 34% of Série A commercial revenue, while Correio Braziliense reported the same R$1 billion as 7.9% of the 20 clubs' total revenue. The stronger claim is that a ban with ten days' notice breaks contracts signed under rules the government wrote, and it is sharpest where a court-supervised recovery plan rests on a sponsorship. The shirt protests make the industry's channelisation case in sponsors' paid space, which is effective lobbying but not an argument the court has to weigh.

Brazil's refunds are running roughly to schedule, but on numbers the government has yet to explain. The clubs have raised the visible cost of the ban; only Fux or Congress can decide whether it is too high.

Sources

Citations and primary documents this article references. Captured at the time of writing.

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