Last Friday, September 25, 2026, the Federal Government published, in an extra edition of the Federal Official Gazette (Diário Oficial da União), 2 (two) Provisional Measures relevant to the fixed-odds betting, financial market, payments and advertising sectors: (i) Provisional Measure No. 1,394, of September 25, 2026, which prohibits the operation of fixed-odds betting (“MP 1,394/2026”); and (ii) Provisional Measure No. 1,393, of September 25, 2026, which establishes Desenrola Brasil 3.0 (“MP 1,393/2026”).
Both Provisional Measures entered into force on the date of publication. We highlight below the main points of attention of the new rules.
I) MP 1,394/2026 – Prohibition of Fixed-Odds Betting
Introduction
MP 1,394/2026 prohibits the operation, offering, intermediation and advertising of fixed-odds betting lotteries (“Bets”) throughout the national territory. The rule establishes the Interinstitutional Committee for the Oversight of the Illegal Operation and Advertising of Fixed-Odds Bets and amends Law No. 14,790/2023, which until then regulated the activity.
The prohibition applies to both physical and virtual channels, including when the Bet is headquartered abroad and offers bets to a person located in Brazil, and covers both real sporting events and virtual events of online games (Art. 1). The provisions of MP 1,394/2026 also apply to the operation of Bets by the States and the Federal District (Art. 2).
MP 1,394/2026 entered into force on the date of publication (Art. 30) and depends on conversion into law by the National Congress within 60 (sixty) days, extendable for an equal period and suspended during parliamentary recess, under penalty of losing effectiveness retroactively to its issuance, pursuant to Art. 62, §§ 3, 4 and 7 of the Federal Constitution.
Termination of authorizations
The authorizations granted under Law No. 14,790/2023 for the operation of Bets will be terminated 30 (thirty) days after the publication of the MP, for reasons of public interest, without refund of the grant consideration and without indemnification by the Government (Art. 4 and sole paragraph).
New concessions, permits and authorizations are prohibited, and applications not yet decided on the date of publication are deemed moot (Art. 6). The Secretariat of Prizes and Bets/Ministry of Finance (“SPA”) maintains supervision and oversight over facts occurring during the authorization period (Art. 5).
MP 1,394/2026 establishes the following timeline associated with the prohibition of Bets and the termination of the activities of the betting operators previously authorized:
| Date | Event |
| Date of publication of MP 1,394/2026 (September 25, 2026) | Entry of new funds into the Bets’ transactional accounts is prohibited. |
| Up to 10 days from the date of publication of MP 1,394/2026 | Bets must make their fixed-odds betting websites and applications unavailable. In addition, advertising material and sponsorship signage displayed in physical or digital media must be removed. |
| Up to 2 days from the date access to the websites and applications is made unavailable | Bets must (i) make available the funds necessary to pay amounts owed to bettors; and (ii) send to the financial and payment institutions that maintain their transactional accounts, as well as to the SPA, the list of bettors by CPF (individual taxpayer registry number) and the amounts to be paid to each bettor. |
| Up to 7 days from receipt of the information for payment of bettors | The financial and payment institutions that maintain the transactional accounts must (i) make the payments owed by the operators to the bettors, pursuant to the rule; and (ii) submit to the SPA a report on the amounts refunded to bettors and the amounts that could not be refunded, indicating the respective bettors and the reasons preventing refund. |
| 30 days from the date of publication of MP 1,394/2026 | Termination of the Bets’ authorizations. |
| 60 days, extendable for an equal period, suspended during parliamentary recess, from the date of publication of MP 1,394/2026 | Deadline for Congress to consider and convert MP 1,394/2026 into law. |
Main impacts on financial and payment institutions
MP 1,394/2026 imposes specific duties on financial institutions, payment institutions and sponsors and participants of payment arrangements, including instant payment arrangements. We highlight below the main duties:
- not to process, settle or enable transactions intended for fixed-odds betting, except those necessary for termination and refund, pursuant to BCB Resolution No. 590/2026, issued last Monday, September 28 (Art. 14);
- if the institution acts as a transactional account provider for a Bet, to refund to bettors the amounts owed by the Bet within 7 (seven) days from receipt of the list of bettors and respective amounts owed, by transfer to each bettor’s active account, informing the SPA of the refunds successfully made and of the amounts that could not be refunded (Art. 9, §§ 1 and 2);
- to transfer to Caixa Econômica Federal the amounts that could not be refunded within the period indicated in the item above (Art. 9, § 3);
- to observe the framework that the Central Bank of Brazil (“BCB”) will establish for the rejection of transactions and interbank returns in real-time transfers related to funds arising from illegal fixed-odds betting (Art. 15); and
- to report to Brazil’s Financial Activities Oversight Council (COAF) the transactions of irregular betting operators (Art. 21-A, III, of Law No. 14,790/2023, added by Art. 28 of the MP).
Art. 14, § 1, of MP 1,394/2026 requires payment arrangement sponsors (commonly known as card brands) to include specific rules in the respective arrangement regulations prohibiting all participants, including those not subject to BCB authorization, from processing, settling or enabling transactions intended for fixed-odds betting, as well as to adopt the necessary measures in the event of noncompliance with such obligations by arrangement participants, including exclusion of the participant.
In regulating the matter through BCB Resolution No. 590/2026, the BCB determined that compliance with MP 1,394/2026 is immediate and does not depend on amendment of the payment arrangement regulations, and that such amendments may be made without prior BCB authorization, consultation or prior notice to arrangement participants. Nevertheless, such amendments must be communicated to the BCB and to the arrangement participants immediately after they are made.
Arts. 21-A, 24-A, 24-B and 24-C of Law No. 14,790/2023, which deal with the blocking of accounts of irregular operators, the sharing of fraud indications among institutions and the filters to be implemented in Pix, are not among the provisions repealed by MP 1,394 and remain in force.
Finally, we note that in recent months rules were issued by the Office of the President, the National Monetary Council (“CMN”) and the SPA aimed at interrupting the financial flow to irregular betting operators active in the market. It is not yet entirely clear how the provisions of MP 1,394/2026 will be integrated with those rules, although the premise that guided their issuance (i.e., preventing payment transactions for the benefit of irregular betting operators) remains valid and applicable.
Communication, advertising, promotion, marketing and sponsorship of Bets
MP 1,394/2026 prohibits, in Brazil, communication, advertising, promotion, marketing and sponsorship actions for fixed-odds betting, in any medium, whether physical or digital. The prohibition covers any content directed at the domestic public that offers, promotes, publicizes or facilitates access to fixed-odds betting (Art. 16, caput and § 1).
As mentioned in the timeline above, as a general rule, advertising material and sponsorship signage must be removed within 10 (ten) days from the publication of the MP (Art. 16, § 2).
Violation of the above provisions constitutes abusive advertising, under Art. 37, § 2, of Law No. 8,078/1990 (Consumer Protection Code – “CDC”), and subjects violators to administrative sanctions, including corrective advertising, without prejudice to civil and criminal liability (Art. 18).
Application providers
Internet application providers have a duty to prevent and stop the circulation, on their services, of content prohibited by MP 1,394/2026, even if generated by third parties. Application providers must also make such content unavailable upon notification by the competent authorities (Arts. 19 and 20).
App stores and operating systems, in turn, must prevent the availability of products and services prohibited by MP 1,394/2026 and remove them upon notification by the competent authority (Art. 21, caput and sole paragraph).
In the event of noncompliance with the obligations mentioned above, the specific sanctions provided for in MP 1,394/2026 will apply, without prejudice to applicable civil and criminal liability (Art. 22).
II) MP 1,393/2026 – Desenrola Brasil 3.0
Introduction
MP 1,393/2026 amends Law No. 14,690/2023 to establish the Emergency Renegotiation Modality for Debts of Delinquent Individuals – Desenrola Brasil 3.0, inserting Arts. 31-A to 31-H in a new Chapter VIII-A.
The stated objective of the rule is to foster the regularization of individuals’ debts through the acquisition of the respective credit portfolios, directly by the Federal Government, by a private fund, a receivables investment fund (FIDC) or other financial instruments (Art. 31-A).
Portfolio acquisition mechanism
The Federal Government is authorized to carry out the acquisition for consideration and the renegotiation, in whole or in part, of debts, credit portfolios or receivables held by financial institutions and other creditor legal entities, including as a result of financial, commercial or service-provision transactions, relating to delinquent debts of individuals (Art. 31-B).
The Ministry of Finance will define, by its own act, the rules of the competitive procedure for the acquisition of the credit portfolios, through assignment for consideration, the scope of which may include debts related to credit transactions with financial institutions and other debts eligible for registration with delinquent-debtor registries, such as debts owed to public and utility service providers, retailers and service providers (Art. 31-C, caput).
The following criteria and conditions must be observed (Art. 31-C, §1):
- debts delinquent for more than 720 and fewer than 1,645 days, counted from September 25, 2026;
- original amount below BRL 10,000.00 (ten thousand reais);
- minimum discount of 90% (ninety percent) on the face value of each portfolio offered;
- ranking of proposals by the criterion of highest discount percentage offered, subject to the available budgetary and financial limits; and
- obligation to offer all eligible delinquent credits held by the original creditor against each debtor, with partial selection of credits within the offered portfolio prohibited.
The Ministry of Finance may establish additional eligibility criteria and may also provide for (i) the possibility for the creditor offering the portfolio to include debts delinquent for a period shorter than that provided in the criteria above, provided that the same discount offered for the portfolio eligible for the call is applied; (ii) the possibility, at the creditor’s discretion, of including and offering in the portfolio subject to the call debts above the amount provided in the criteria above, in which case the amount considered for payment purposes will be the individual limit amount for each debt that falls within the BRL 10,000.00 (ten thousand reais) limit multiplied by the discount offered for the portfolio; and (iii) cases and conditions for the assignment, free of charge or for a symbolic amount, as a mandatory counterpart by creditors for the sale of the portfolios subject to the notices, of debts delinquent for more than 1,645 days (Art. 31-C, §3).
Financial institutions and other creditor legal entities that meet the requirements defined in an act of the Ministry of Finance may participate in the competitive procedure (Art. 31-C, §7).
The Ministry of Finance may waive the bidding process and engage Banco do Brasil S.A. or Caixa Econômica Federal to operationalize the competitive procedure and manage the acquired portfolios (Art. 31-C, § 8). These institutions may also create or use receivables investment funds to enable the acquisition, transfer and management of such portfolios (Arts. 31-C, § 9, and 31-F).
Debt restructuring for the debtor
Debts acquired under the program may be offered to the individual debtor for (i) payment in full, with a discount of up to the same discount obtained in the acquisition of the portfolio, or (ii) installment payment of the outstanding balance, with a discount of up to the same percentage obtained in the acquisition of the portfolio plus interest, subject to the financial conditions established by the CMN (Art. 31-D).
Banco do Brasil and Caixa Econômica Federal may also be engaged, without a bidding process, as financial agents to operationalize the installment plans, periodically reporting to the Ministry of Finance (Art. 31-D, §§ 2 and 3).
Budget limit and regulation
Expenses for the acquisition of the portfolios will be charged to budget appropriations of the Ministry of Finance, subject to a maximum limit of BRL 15,000,000,000.00 (fifteen billion reais), on a discretionary basis (Art. 31-E).
The Minister of Finance will regulate by act the conditions for implementing Desenrola Brasil 3.0, including the rules of the competitive procedure (Art. 31-H).
Other amendments introduced by MP 1,393/2026
MP 1,393/2026 also amends Provisional Measure No. 1,373, of June 29, 2026, to set at 120 (one hundred and twenty) days, counted from the publication of MP 1,373/2026, the period for offering and entering into debt agreements under Desenrola Adimplentes (Art. 3).
In addition, it amends Art. 57 of the CDC to provide for a specific fine, from BRL 20,000.00 to BRL 500,000,000.00, applicable to importers, producers, distributors, reseller-retail carriers or retail resellers of fuels, biofuels or petroleum derivatives that engage in the abusive practices set out in Art. 39, items II and X, of the CDC (i.e., refusing to meet consumer demands to the extent of available stock and raising the price of products and services without just cause).
This fine applies at any stage of the commercialization chain, in which case the general limit in § 1 of Art. 57 of the CDC does not apply (Art. 4).
MP 1,393/2026 entered into force on the date of its publication (Art. 5).
This publication was made available by our firm to clients and colleagues. The information contained in this publication should not be construed as specific legal advice or as a legal opinion of our firm. Questions regarding this publication may be directed to the following professionals of our team.
Marcelo Padua Lima
mpadua@cascione.com.br
Thássila Victória Nogueira
tnogueira@cascione.com.br
João Henrique Leite
jhleite@cascione.com.br