Global gambling market updates, October 31, 2026: Brazil extends Caixa's Lotex instant lottery for 36 months

Latin America

1. Brazil: Finance Ministry extends Caixa's Lotex for 36 months and caps reseller surcharge at 25%

Portaria MF No. 3,213 of October 29, 2026, published in the DOU on October 30 (Section 1, Extra D), extends Caixa's exploitation of the Loteria Instantânea Exclusiva (Lotex) from November 1, 2026 "pelo prazo de trinta e seis meses" (for a period of 36 months). The term may be extended until the winning bidder in a concession tender for Lotex begins indirect operation of the lottery (Art. 1).

The ordinance sets these rules:

• Caixa must operate Lotex under Article 28 of Law 13,155/2015, Articles 20 to 22 of Law 13,756/2018, Decree 9,327/2018 and SEAE/ME Ordinance 8,427/2022 (Art. 2).
• The transfers listed in Article 20, items I to V, of Law 13,756/2018 are collected under Article 11 of SEAE/ME Ordinance 8,427/2022. The share earmarked for football clubs is divided equally among the clubs included in approved issue plans (Art. 3).
• A club's theme can be included in an issue plan only after the club signs an adhesion instrument with Caixa, formalised as a specific assignment agreement under Decree 9,327/2018; without it, the club's theme cannot appear in Lotex issue plans (Art. 4).
• Issue and distribution plans and series, physical and electronic, must be submitted to the Ministry of Finance for approval in advance (Art. 6).
• Resellers of physical tickets may charge players up to 25% on top of the plan price, covering resale risk and distribution through alternative physical channels. That surcharge is not part of the collections under Article 11 of SEAE/ME Ordinance 8,427/2022 (Art. 6, §§1–2).
• Tickets from issue plans already approved may continue to be sold (Art. 7).
• Portaria MF No. 1,646 of December 27, 2023 is revoked, and the new ordinance takes effect on publication (Arts. 8–9).

The 2023 ordinance, signed by then-minister Fernando Haddad, had authorised Caixa to run Lotex "em caráter transitório" for 24 months counted from the first ticket issue, extendable. It did not set a percentage for the reseller surcharge; instead it said physical issue plans should follow a system similar to the Federal Lottery's for setting the plan price and the maximum amount charged per ticket. The 36-month term, the 25% cap and the sell-through clause for approved plans are new in the 2026 text.

Next: The ordinance takes effect on November 1. No concession tender for Lotex has been published in the DOU.

What to watch

• Brazil, November 3: The Supreme Federal Court (STF) holds its public hearing on ADI 8027 and the fixed-odds betting ban under Provisional Measure 1,394 (our preview).
• Brazil, November 9 and 23: MP 1,394 enters the urgency regime on November 9 and must be voted on by November 23; Congress's page still lists it as awaiting installation of the joint committee (background).
• Peru, November 5: Comments close on Mincetur's draft amendment to the remote gaming regulations.

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