Federal judge Sergio Wolney de Oliveira Batista Guedes has granted a preliminary injunction that will guarantee the SPA’s authorisation of Atlantis Comercio Eletrônico e Software House Ltda and its MetBet, EsportivaBet and MetGol 100% brands.
According to BNLData, the company is of the belief it secured provisional authorisation for the adaptation period between 1 October and 31 December 2024. It applied for a licence prior to the 20 August deadline for the initial window of preference.
Applying ahead of the 20 August deadline meant Atlantis would be guaranteed to have its request processed before the legal online market launched on 1 January this year.
The judge stated the company received no notification from the SPA other than a request for new documents on 17 January. This meant Atlantis’ application was not processed by the 31 December 2024 deadline.
Therefore, Atlantis is authorised to offer online betting on a provisional basis until its licence application is assessed, the court ruled.
Court orders allow seven betting companies to operate in Brazil
The fresh ruling means seven companies and 19 brands are now authorised in Brazil through a court order. There are also 14 fully licensed operators, and a further 56 that have secured provisional authorisation.
Among the brands authorised to do business by the courts – until their licence applications are processed – are Sportsbet.io, MegaPix.bet and Aposta Online. Perhaps the most high-profile company to be authorised by court order is Esportes Gaming Brazil and its Esportes da Sorte and Onabet brands.
Esportes da Sorte was said to be illegally operating in Brazil from 1 January after the SPA’s transition period ended. The regulator rejectedhe operator’s licence application due to allegations stemming from ‘Operation Integration’. This linked the company to illegal gambling and money laundering and resulted in its owner Darwin Henrique da Silva Filho and his wife being arrested.
However, a Federal Court injunction in January cited Article 5 of Brazil’s constitution, which clarifies “no one shall be considered guilty before the criminal conviction becomes final and unappealable.”
Since no criminal convictions have been issued so far, the Federal Court has approved Esportes da Sorte’s request for nationwide operational authorisation. The ruling also guarantees that the SPA cannot impose additional barriers to its operations unless a conviction is secured.
Original article: https://igamingbusiness.com/legal-compliance/spa-brazil-seventh-betting-company-court-order/
