Brazil opens public consultation on betting revenue allocation and athlete image rights

The Secretariat of Prizes and Betting (SPA), under Brazil’s Ministry of Treasury, has launched a 45-day public consultation to review how funds from fixed-odds betting are allocated to private entities and for the use of image and intellectual property rights of athletes and sports organizations. Published in the Official Gazette of the Union on June 23, the initiative is part of the SPA’s 2025 Regulatory Agenda and runs through August 2.

Formalized under Public Consultation Notice SPA/MF No. 2/2025, the measure aims to collect broad-based feedback from individuals and legal entities to guide revisions to the financial operations and distribution models established under Law No. 13,756 of 2018 and its subsequent amendment, Law No. 14,790 of 2023.

According to the notice, the consultation will address two core areas. First, it examines the allocation of resources to private entities named in Article 30 of the legislation, including the Brazilian Olympic Committee (COB), Brazilian Paralympic Committee (CPB), Brazilian Club Committee (CBC), FENAPAES, FENAPESTALOZZI, and the Brazilian Red Cross. 

Second, it focuses on payments related to the use of athlete names, nicknames, images, brands, and other intellectual property used in betting operations.

Participants are invited to respond to 12 targeted questions designed to improve regulatory clarity and operational effectiveness. These include whether additional rules beyond SPA/MF Ordinance No. 41/2025 should be introduced, how revenue should be distributed among different beneficiaries, and what mechanisms are needed to ensure transparency and accountability.

Among the key areas under discussion is the framework for image rights. Under current legislation, 7.3% of the gross betting revenue designated for image and intellectual property rights must be directed to Brazilian athletes or sports entities involved in the sporting events featured in betting products. This includes clubs, teams, or any other organization whose intellectual property forms part of the betting content.

The SPA seeks stakeholder input on qualitative and quantitative criteria that should govern how these funds are divided between athletes, organizing entities, and sports teams. The agency is also requesting feedback on whether competition regulations should remain the primary tool for defining distribution rules or if alternative approaches should be explored.

In addition to distribution criteria, the consultation explores operational improvements. It asks whether the current model, which allows operators to form shared associations to facilitate payments, needs updating, and whether new safeguards are required to ensure direct transfers reach the correct recipients. 

Suggestions on how to promote greater transparency in reporting and accounting are also encouraged, alongside proposals for changes to normative texts or legal provisions.

The legal basis for the consultation is grounded in Article 30 of Law No. 13,756/2018, as amended by Law No. 14,790/2023, and executed in accordance with Article 29 of Decree No. 12,002 of April 2024. 

The full text of the public consultation, including the list of consultation questions and required reading documents, is available through the Participa + Brasil platform. Contributions must be submitted electronically via the government portal through this link.

SPA Secretary Regis Dudena signed the notice, stating the government’s intent to modernize and refine Brazil’s betting framework while ensuring that the rights of athletes and the responsibilities of betting operators are clearly regulated. Once the consultation period closes, all submissions will be reviewed in line with the procedures established in Decree No. 12,002/2024.