The São Paulo State Court of Auditors (TCE-SP) has suspended the administrative acts related to the concession of the São Paulo Lottery after the Aposta Vencedora Consortium questioned the bidding process.
Substitute Auditor-Counselor Samy Wurman, of the Court of Auditors of the State of São Paulo, ordered the suspension of administrative acts related to the concession of lottery services in São Paulo. The decision occurred this Thursday (18), after the Aposta Vencedora Consortium filed a complaint questioning aspects of the bidding process. The Secretariat of Partnerships and Investments (SPI) was given five days to present justifications on the contested points.
The bidding process for the lottery concession in São Paulo began in October 2024, when two groups submitted proposals for the tender. The participants were the Aposta Vencedora Consortium, formed by SAV Participações and AX4B Sistemas de Informática, and the SP Loterias Consortium, led by IGT Global Services in partnership with Scientific Games, which already operates the lottery in the state of Minas Gerais.
The public notice published by SPI on June 12, 2024, established a 15-year concession contract, including modalities such as Specific Prognosis Lottery, Sports Prognosis Lottery, Numerical Prognosis Lottery, Instant Lottery, and Passive Lottery. The document foresaw investments of R$ 333 million during the contractual period. Obligations include the creation of 31 dedicated physical points of sale and compliance with quality indicators, with flexibility regarding pricing policy, marketing strategy, and the design of lottery services.
The selection criterion defined by the São Paulo state government was the highest initial grant amount to be paid to public coffers, with a minimum amount set at R$ 260,7 million. The contract also provides for variable grants during the concession period, with a total estimated value of R$ 3,4 billion over the 15 years.
In the auction held on November 1, 2024, at B3 headquarters, the Aposta Vencedora Consortium won by offering R$ 600 million as a fixed grant, representing a premium of 130,15% over the minimum required value. The dispute reached the verbal bidding phase because the difference between the initial proposals was less than 5%.
The SP Loterias Consortium had initially offered R$ 486,5 million, while the Aposta Vencedora Consortium submitted R$ 465 million. After four bids in the live auction phase, the Aposta Vencedora Consortium won the concession, surpassing the group led by IGT Global Services Limited.
On May 8, 2025, the scenario changed when the Aposta Vencedora Consortium failed to pay the R$ 600 million grant and was disqualified. Secretary Rafael Benini officially published the consortium's exclusion in the Official Gazette and ordered the opening of the envelope containing the Qualification Documents of the SP Loterias Consortium, which had offered R$ 526,5 million.
The Aposta Vencedora Consortium filed an administrative appeal with the SPI (State Secretariat for Public Policy), which invoked the State's Public Interest to justify its rejection. The group also attempted to appeal again to the Governor's office, which declined jurisdiction to analyze the case. In the judicial sphere, the consortium filed a writ of mandamus in the 6th Public Treasury Court and subsequently an interlocutory appeal in the 5th Chamber of Public Law, but had its preliminary injunctions denied in both instances, and is still awaiting a judgment on the merits by the 6th Court.
The complaint filed with the Court of Auditors on September 12th primarily questions the eligibility of the SP Loterias Consortium. Among the irregularities pointed out is the presentation of a surety bond containing exclusions of liability not foreseen in the tender notice, which would compromise the liquidity and effectiveness of the guarantee required by the General Law on Public Bidding.
Another point of contention refers to alleged false statements made by the SP Loterias Consortium regarding the non-existence of documents equivalent to a Certificate of No Bankruptcy for consortium companies based in Cyprus and the United States. The Aposta Vencedora Consortium also alleges that maintaining the summons of its rival represents a risk of damage to the São Paulo state treasury, with an approximate difference of R$ 80 million.
Based on these arguments, Councilor Wurman determined that SPI should refrain from signing the contract until further deliberation by the Court. The decision is based on article 171 of Law No. 14.133/2021 and the Internal Regulations of the TCE-SP (São Paulo State Court of Auditors), as well as jurisprudence that recognizes the precautionary power of the Courts of Auditors to prevent harm to public funds.
After the deadline for justifications, the case will return to the Office of the Substitute Auditor-Counselor for further analysis and possible deliberation on the merits of the representation. The objective is to ensure that the bidding process proceeds in accordance with legality, legal certainty, and public interest, respecting the applicable bidding and legal rules.
It is worth noting that, prior to this suspension, on June 2nd, the Secretariat for Investment Partnerships had published in the State Official Gazette the minutes of the International Tender that declared the SP Loterias Consortium qualified and the winner of the auction, "for having fully and satisfactorily met all the conditions and requirements of the Tender Notice". The reference project foresees, in addition to the dedicated physical points, another 11 non-exclusive points spread throughout the State, which may be installed according to the concessionaire's strategy, with the possibility of virtual service operation as well.
