Are offshore betting sites legal in Brazil?

The legality of offshore betting sites in Brazil is a nuanced issue under the new regulatory framework established by Law No. 14,790/2023. The law mandates that any operator wishing to offer online gambling services to Brazilian residents must obtain a license from the Ministry of Finance and have a physical presence and administration within Brazil.

This effectively makes it illegal for offshore betting sites to operate in Brazil without a local license. The law also includes provisions that penalize the advertising and promotion of unlicensed operators. While the legislation primarily targets the operators, it creates a legal environment where using unlicensed offshore platforms is considered outside the regulated and legal framework.

The law does not explicitly outline penalties for individual bettors who use these offshore sites. However, the government's intention is to channel all online gambling activities to the licensed, onshore market to ensure consumer protection, responsible gaming, and the collection of taxes. Therefore, while individuals may not face direct legal repercussions for using offshore sites, they are not afforded the same legal protections and are engaging with platforms that are operating illegally within the country.