JUE 25 DE DICIEMBRE DE 2025 - 19:08hs.
NEW LAW

"Orderly gaming regulation in Brazil is in imminent danger"

Lawyers Fabio Ferreira Kujawski and Eduardo Franco de Abreu, in an article published in Folha de S. Paulo this weekend, affirm that the legal uncertainty generated by the discussion about Article 50 of the Law on Criminal Offenses (LCP) can generate a series of problems for the market while waiting the approval of the law that will regulate gambling in the country.

"Orderly gaming regulation in Brazil is in imminent danger"

According to lawyers what lawyers Fabio Ferreira Kujawski and Eduardo Franco de Abreu explained in their article published in Folha de S. Paulo this Sunday, the decision of the Court of Justice of Rio Grande do Sul (TJRS) that understood that the exploitation of games of chance is not a criminal wrongdoing, generates a legal discussion and is leading many market entrepreneurs to understand that gambling is legal and already planning to open new businesses. They also affirm that this may represent risks to the future approval of a new law for the market, which has two projects in process PL 442/91 in the Chamber and PL 186/2014 in the Senate. The lawyers list three problems:

"The first one is the lack of control over which companies can dedicate to operate games of chance business. Both projects impose requirements, such as the absence of criminal records of the partners and administrators and proof of financial capacity.

A second aspect is the lack of strict control over the financial movement of companies and players in order to curb money laundering. The projects impose rules for real-time supervision of all financial activities in these establishments.

A third aspect is the loss of the capacity of the State to tender the grants and optimize its price, due to the competition of the licensed sites with the unlicensed.

Ferreira Kujawski and Franco de Abreu point out that only a regulated market will attract the interest of foreign investors and that if the country loses control of the sector this great asset can be lost.

"We are on the verge of losing control of the sector and with this, a unique chance to bring to the country serious investors and experienced market agents capable of generating jobs and foreign exchange."

They finally appeal to Brazilian legislators to pay attention to the debate before it is too late. "We can only insist to deputies and senators about the need to include the bills in the discussion agenda; that the necessary adjustments be made to the texts based on the best international experience and that they will be put to a final vote. There is no time to lose".

Source: GMB/ Folha / UOL