ANALOME has issued a formal statement denouncing Ordinance SPA/MF No. 566, published by the Secretariat of Prizes and Betting (SPA) of Brazil’s Ministry of Finance.

The ordinance, made public on 21 March, identifies the use of the Internet domain “.bet.br” as a criterion for determining the legality of betting operations across the country.

ANALOME released its official complaint on 22 March, stating that the regulation undermines foundational legal principles and directly interferes with the autonomy of states and municipalities that operate their own lottery systems.

According to ANALOME, the federal ordinance establishes an arbitrary and legally unsupported standard by linking legality to the use of a single domain name.

The association argues that such a measure does not reflect the operational realities of state- and municipality-regulated betting services, many of which lawfully operate using alternative domains.

ANALOME contends that the imposition of “.bet.br” as an exclusive marker of legality creates significant legal uncertainty, particularly for local operators who are otherwise compliant with existing state or municipal legislation.

The association’s statement argues that the rule violates Article 5, item II, of the Federal Constitution of 1988, which states that “no one shall be obliged to do or refrain from doing something except by virtue of law.”

By enforcing a domain-based restriction without a proper legislative basis, ANALOME asserts that the federal government is overstepping its regulatory authority and infringing upon the legal powers granted to subnational entities.

ANALOME: Single domain disrupts the industry

ANALOME also emphasised the broader consequences of the ordinance, arguing that it has the potential to disrupt essential public services financed through state and municipal lottery operations, including programmes in health and education.

The note criticises the ordinance as being not only inappropriate in addressing illegal gambling but also counterproductive, as it compromises legitimate operations while failing to target unlicensed operations effectively.

The association further accuses the SPA of attempting to assert a monopolistic hold over the lottery and betting sector by imposing centralised control mechanisms that limit competition and curtail the operational independence of local authorities.

ANALOME sees this approach as inconsistent with both Brazilian law and the jurisprudence of the Federal Supreme Court, which has recognised the competence of states and municipalities to regulate and operate their own lottery services.

In its formal response, ANALOME is calling for the immediate repeal of Ordinance SPA/MF No. 566.

The association has advised its members to consider all available legal remedies, including the potential filing of a Writ of Mandamus, to safeguard their operational rights.

Such a legal manoeuvre would seek judicial relief from what the association sees as an unlawful administrative act that threatens its continued existence.

Finding common ground

ANALOME has not commented on the value of limiting regulated sites to bet.br, which could help ensure consumer protection and weed out non-regulated sites.

In a constructive gesture, the association is proposing the formation of a Joint Working Group that would include representatives from both the Secretariat of Prizes and Betting and subnational entities.

The goal of this group would be to assess the implications of the ordinance and collaboratively develop regulatory frameworks that respect legal certainty, protect the principles of free enterprise, and uphold the constitutional autonomy of the federative entities.

This development highlights the still growing tension between Brazil’s federal and subnational governments over control of the burgeoning betting industry.

The SPA has not yet publicly responded to ANALOME’s complaint.