Sefaz Corrects Lotesul Tender and Requests TCE-MS Closure
The Finance Secretariat of Mato Grosso do Sul (Sefaz–MS) formally responded to the State Court of Accounts (TCE–MS) regarding irregularities identified in the electronic auction for the state lottery technology platform, Lotesul. The response, submitted on Friday, September 26, outlined corrective measures, confirmed the cancellation of the external bidding stage and suggested revisions to the technical studies underpinning the procurement.
Suspension and Reopening of the Tender
The review came after TCE–MS auditors noted restrictive clauses and disproportionate requirements in the original notice. The R$51.47 million tender sought a company to implement and operate Lotesul’s lottery software. The process was halted following a preliminary injunction issued by counselor Márcio Monteiro.
On September 22, Sefaz officially annulled the external bidding process through the State Official Gazette to address flaws in planning documents and the technical studies supporting the tender. Secretary of Finance Flávio César Mendes de Oliveira filed the petition with the Court, amending the Preliminary Technical Study and Terms of Reference.
Origins of the Complaints
The tender faced scrutiny following three separate complaints, one by businessman Jamil Name Filho, currently under arrest in the Omertà operation, another by Criativa Technology Ltda. associated with state deputy Roberto Razuk (PL); and a third anonymous denunciation. The Court considered all three reports.
The Tribunal’s review highlighted several weaknesses, including insufficiently justified technical requirements and the potential creation of a private monopoly for 35 years, which, according to the Court, posed a “high risk of limiting competition.”
Secretariat Justifications
Sefaz defended its approach by noting its estimated revenue using international benchmarks from Italy, Portugal, Spain and France. Officials emphasized that Brazil’s state lottery sector is relatively new and lacks historical data, making foreign comparisons necessary.
Regarding technical specifications handling 15 million transactions annually and 40 transactions per second (TPS) Sefaz referred to Paraná’s Lottopar lottery as a model. From January to July 2025, Lottopar processed over 54 million transactions, reaching 108 TPS during peak events. Sefaz argued these figures justified the tender’s technical requirements.
Legal Perspectives and Implications
Attorney André Borges praised the cancellation of the irregular tender: “The State acted correctly. The tender was flawed, as evidenced in Jamil Name Filho’s appeal. TCE’s technical team did their job well. Legal compliance is essential, and bidding procedures should not impose unduly restrictive conditions on participants.”
Criativa Technology, another complainant, also filed suit to annul the tender. However, the case was dropped after Judge Cíntia Xavier Letteriello requested a deposit of R$51,160.90, representing 10% of the case value, for the hearings to proceed.
Next Steps for Lotesul
With revised documentation, Sefaz asked TCE–MS to dismiss the complaints and formally close the case. Secretary Oliveira stated in the petition: “We request that this Court of Accounts decide to archive these complaints due to the absence of illicit acts and that, in the context of Prior Control, the case be archived for loss of object.”
While acknowledging “weaknesses” in the initial process, Sefaz maintained the chosen operational model for the state lottery. Originally created under former Governor Reinaldo Azambuja and later suspended by the Superior Court of Justice (STJ), the model requires bidders to submit offers as the highest percentage of gross revenue transfer, with a minimum of 16.17%.
Economic analyses indicate that Lotesul could generate revenues of up to 0.85% of the state’s GDP, approximately R$1.9 billion in 2025 if fully operational.
The retendering of Lotesul marks an important milestone for Mato Grosso do Sul’s lottery ambitions. By identifying and correcting procedural flaws, Sefaz aims to restore credibility to the bidding process while ensuring compliance with legal and regulatory standards. The TCE–MS will determine whether the corrections justify continuing the project, allowing the state to access a potentially lucrative public revenue stream.
