JUE 2 DE MAYO DE 2024 - 18:20hs.
OPINION - ROBERTO BRASIL FERNANDES, ABLE’S LAWYER

2018: The year of opening legal games in Brazil?

Asked about the procedure and expectations for the legalization of gaming in Brazil, I make some comments and give my point of view, convinced that 2018 'may' be the year of opening LEGAL GAMES IN BRAZIL. The most likely hypothesis to have PLS 186/2014 appreciated by the Senate Plenary in 2018.

From a procedural point of view, the CCJ of the Senate will only meet again in the second week of February 2018, since the date of the beginning of the legislative work is February 2 (article 2° of the RISF), which will be on Friday.

The composition of CCJ in 2018 may change. The CCJ is composed of 27 Senators and their respective alternates, and can be changed at the request of the party leader or parliamentary bloc, in any circumstance or opportunity (article 81 RISF), a fact that can lead to a new composition in the year 2018. Traditionally the great majority of its composition maintains each deliberative session.

The presidency continues with Senator Edison Lobão, with no indication or reason for his replacement.

In theory, PLS 186/2014 could be included in the Agenda of the first CCJ deliberative session, because it was considered in the immediately preceding session, and takes precedence over other groups to which it belongs (article 166 RISF), however, there is no Agenda still for the first session of each legislative session (article 170, § 1).

In all cases, it is up to the President of the Commission or the Plenary, depending on where the bill is, to appoint the Agenda of the deliberative sessions and to withdraw matters from the agenda in various situations (article 48, VI).

The agenda of the CCJ session must be made available on the Senate's website at least 2 working days before the session (article 108, § 1 - RISF).

Regarding the text of PLS 186/2014, reported by Senator Benedito Lira in CCJ, on the view of this lawyer, it deserves adjustments from a conceptual (theoretical) point of view, however, it fairly attends to the interests of the State Lotteries, a fact that causes my support for its approval, in the way it is.

As is well known, if the report is amended again at the beginning of the 2018, it allows a new request for a hearing (article 132, paragraph 1), postponing eventual inclusion in the voting list in up to 5 days. For that reason, I suggest that amendments should only be presented in Plenary.

In Plenary, if the emergency regime is assigned to PLS 186/2014 (article 336 et seq.), everything is shortened and can be voted much more quickly, because in this case it is dispensed, "throughout the course of the matter, interstices , deadlines and procedural formalities, except for opinions, a quorum for deliberation and distribution of copies of the main proposition" (article 337).

The chances of postponing urgency to PLS 186/2014 are found in sections II and III of article 336 of the RISF, and submits the consideration of the bill to the second ordinary deliberative session following the granting of urgency, including matter in the Order of the day or at the fourth ordinary deliberative session following the granting of urgency (article 345, II and III).

In summary, it seems to me that the most likely hypothesis to have PLS 186/2014 appreciated by the Senate Plenary in the first half of 2018 is the grant of urgency required by leaders who represent 2/3 or 1/4 of the composition of the Senate or by the Commission itself, as provided in article 338, II, III and IV of the RISF.

In addition, as there is interest shown by the Federal Government, do not doubt the possibility of presenting a Provisional Measure, indicating relevance and urgency as occurred with MP 671 and MP 695, which gave rise to LOTEX, and the latter proceeded, was approved and converted into law in less than 8 months.

I conclude by suggesting to the readers to defend the opening of Casinos, Bingos, Sports betting and other legal games in Brazil, as well as the strengthening of State Lotteries, which support the Associations and class organ, mainly Abrabincs, ABLE, IJL and the Union of Workers of the sector, SINTRAHTUR / CONTRATHUR in order to unify the discourse favorable to the matter.

If the sector, as a whole and representing all modalities, find converging points to work united by legalization, 2018 can be a good year and a new era of LEGAL GAMING market in BRAZIL.


Roberto Brasil Fernandes.

Roberto Carvalho Brasil Fernandes, Brazilian, postgraduate in Law, lawyer of ABLE - Brazilian Association of State Lotteries, accredited in the Chamber of Deputies to represent the interest of the state Lotteries (RICD / 3,008,963), signatory of the defense of the Lotteries in the Supreme Federal Court in ADI, ADPF and other constitutional actions.
Guest Conference on Gaming and Lottery, by Clarion Events (BGC and ICE / 2016), by STF in the Great Judgments program, in the II Encuentro Latinoamericano Del Juego / Peru, in the seminar Challenges and Prospects for Regulation of Games / ALMG-Minas Gerais / 2015 and others.
Authority invited by the Special Commission of the Regulatory Framework of Gaming in Brazil to expose the perspective of the state Lotteries and interest in the bills that are processed in the Chamber of Deputies; Author of several articles on the market of Gaming in Brazil. Specialist in international law and internalization of capital and customs.
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