Liberation of gambling in Brazil returns to Congress agenda

However, pressure from the evangelical lobby and resistance from those who believe in increased money laundering and gambling addiction keep the issue on hold. Betting enthusiasts project revenues of US$ 5.55 billion per year in taxes.

The rapporteur of the text that is in the Senate, Benedito de Lira (PP-AL), indicates the operation of gaming from concessions regulated by the Union. “The long banning period in Brazil, about 75 years old, has labeled the activity a moral issue, including contaminating the debate over the legislation of the activity,” says the senator.

The proposal provides for the installation of up to three casinos per state, provided that they integrate leisure centers. It also authorizes the operation of bingos, jogo do bicho and betting online.

The taxes collected would be divided into 40% for the federal government, 30% for the state and 30% for the municipalities. The investment would be destined for health, welfare and social assistance.

Within the CCJ, there is no majority formed on the subject. At least two senators - Lindbergh Farias (PT-RJ) and Magno Malta (PR-BA) - contest the proposed rules and the expectation is to request a hearing, which delays the vote. The bill should not be considered in the Senate floor in 2017.

Proposal in the House

In the Chamber of Deputies, there is a project ready for conclusive voting. The matter was filed 26 years ago and ended up bringing together 16 other proposals.

The text is similar to that of the Senate. However, the expected taxes have not yet been defined, as well as the division of resources. Still, the values could only be spent on education, health, social security, public safety, protection for people addicted to games and care and attention to the elderly.

“We want to vote this year. We will ask the Chamber President to put to a vote,” reports the president of the Parliamentary Front for the approval of the Regulatory Framework of Gaming in Brazil, Cesar Halum (PRB-TO).

A controversial issue of the proposition suggests amnesty to all those accused of illegal gambling, framed by existing laws. He said other crimes linked to illegal gambling, such as money laundering, would not be forgiven.

Halum, who is part of the evangelical group, admits that church-related colleagues are reluctant to support the initiative. However, he evaluates that this occurs due to lack of knowledge on the subject.

Defenders of the two proposals seek understanding, since the projects need to be approved by the Chamber and the Senate or vice versa. The tendency is to prevail the text that is approved first.

In addition to the two proposals, there is a process awaiting judgment by the Federal Supreme Court (STF). In October 2016, an appeal by the Rio Grande do Sul Public Prosecutor's Office reached the Court, with Luiz Fux as rapporteur.

The document challenged the understanding of Criminal Court Classes of the State Court that gaming does not characterize illegal conduct. The ministers acknowledged the general repercussion of the issue, and the plenary should decide whether gambling is unlawful conduct. There is no scheduled date yet for the session.

Proposals under review

The projects that release the games of chance that go through the Senate and House are similar. The tendency is for the texts to be united in one of the Houses so that the voting is speeded up.

IN THE SENATE

• Free the activity of casinos, bingos, jogo do bicho, slots and online betting
• The establishments would be controlled by a federal public agency
• Authorizes the installation of casinos through bidding and within leisure complexes created for this purpose
• The equipment would have to be interconnected with government tax electronic system
• The tax to be paid to the Union would be between 10% and 20%. The amount collected - about US$ 4.6 billion per year - would be divided into 40% for the federal government, 30% for states and 30% for municipalities
• The taxes would be destinated to education, social security and social assistance
• Gambling addicts, included in national registry to be created, would be prevented from betting

IN THE CHAMBER

• Free the activity of casinos, bingos, jogo do bicho, slots and online betting
• The establishments would be controlled by public agencies created by the federal government (regulatory agency) and by the states (public company or local authority)
• The municipalities would be responsible for licenses to bingos
• Authorizes the installation of casinos through biddings, to be developed within leisure complexes
• Electronic machines would need a report attesting its operation
• The equipment would have to be interconnected with government tax electronic system
• There would be a division of the tribute to be paid by the Union, but the rates have not yet been calculated
• The amounts collected would be destinated to education, health, social security, public safety, protection for people addicted to games and care and attention to the elderly
• Gambling addicts - included in national registry to be created - would be prevented from betting
• Amnesty all those charged with the practice of illegal exploitation of games of chance under previous laws

Source: GMB / Gauchazh