VIE 29 DE MARZO DE 2024 - 03:56hs.
Antonio Carlos Aguiar, Master and Doctor of Labor Law

Gaming regulation and the impacts on Brazilian labor market

“Legalization may represent a very interesting bias of social excellence, unfolding in two models: a) barrage of containment to corruption from marginality; b) creation of a number of new jobs. Let's legalize!' says Antonio Carlos Aguiar, lawyer, master and doctorate in Labor Law by PUC-SP, in the special column he wrote for the blog of Fausto Macedo, in O Estado de S. Paulo newspaper.

In times of discussion about the effects of labor reform, facts and events related to corruption and lack of ethics, which may even serve to impede the reformist advance, it is at least interesting (and relevant) to deal with matters of equal prominence and social reflection: the necessary regulation of gambling in Brazil and the impact on labor relations, even because this theme attracts to itself both social ingredients present on the agenda: work (and unemployment) and corruption (generated by the underworld of illegality).

In fact, a good question deserves to be made in this sense, that is to say, whether this prohibition is still right now, since, regardless of the moral and/or ideological aspects that may be behind this prohibition, the question persists regarding the real effectiveness of this prohibitive measure, in the face of the "no brakes" (including here legal) progress of absolutely equivalent practice effected in the Virtual World. Casinos and virtual gambling are an absolutely real and lucrative business.

The world is more and more virtual. And this transformation also affects the universe of gambling. People, more and more, interact with each other through digital devices, as well as everything around them: from banking transactions to grocery shopping. Why would it be different with games of chance? People play, placing their bets on casinos, gaming rooms, everything online. The Internet allows instant access. And anywhere, through personal computer, tablet or smartphone.

This virtual spread and significant increase in demand for digital casinos has led many countries to authorize/legalize online gambling. Betting sites generate a lot of money in the economy, creating jobs and tax revenues. So the fast and effective online gambling industry spreads worldwide, making each country adopt its own appropriate measures in order to adapt legally to this "novelty". Brazil, of course, will not be left out of this wheel.

The UK is leading the industry, with a market of over two billion pounds. And since bettings can be made anywhere, many UK gamblers rely on overseas betting sites in places like Gibraltar. To counter tax loss by raising bets on sites outside the country, the UK has passed a law to tax online gambling based on the player's residence. This type of financial-tax strategy will certainly be on the agenda of those professionals who are going to work with this type of activity.

In Italy, online casinos require a proprietary license specific to each site, with bets valued at around 100 billion euros annually, comprising 15% of the world's online gambling bets. Some of the most popular operators in Italy are Lottomatica, Bwin / Party, Snai, Paddy Power, Sisal and William Hill.

So well. Faced with this incontestable reality, there is no way to deny deny it and pretending it does not exist. One must, necessarily, face it. To know how to live, understand and work with effective measures and countermeasures of social and labor union. For this, the legalization of gaming is the way, which should not be too far, taking into account the advanced discussions on the Regulatory Framework of the Games in Brazil.

But it is not enough to legalize. It is necessary to study the effects derived therefrom, especially in the World of Work.

Casinos obey a whole "functional logic" to attract and retain players. Among them, for example, the purposeless absence of clocks. It is important that the player does not find them. That you forget the time. Time does not matter at a casino. Therefore, besides there are no clocks, there are also no windows or natural light, just so that the client does not have any access with the exterior. Do not know if it's day or night. Hang up.

The employee, however, must be (very) connected. Undoubtedly, the "differentiated" effects of this type of setting should not be impinged upon and applied. In fact, the same environmental "shut-down" practice has a functional seat in front of the gaudy carpets with strange and psychedelic patterns in a casino. They are made with bright colors to keep customers awake.

In addition to this environment "different" constant sounds and many lights; of all shades. Bright, glittering lights from the slots machines and the optimistic and happy sounds to captivate (numbing the senses) of the players, to excite them to have (increasingly) hope to win and win.

And how are the employees? Of course, they can not be anesthetized.

And the escape routes? After all, in an environment with so many people, it is fundamental, both for customers and for employees.

However, for the casino the exits should not be exposed with ease. Customers can not (should) want to leave. This structure, however, should under no circumstances reach and/or mislead the employees.

Training to disqualify and demystify these practices is imperative. Discipline through codes of ethics and conduct, coupled with a rigid compliance policy, has a primordial implementation nature.

It is also worth mentioning the differentiated "functions and positions" that are developed in a casino, which requires adequate professional training and currently nonexistent. Vocational training courses should already be planned by specialized schools, both in the technical field, in the undergraduate and even in the postgraduate level.

Knowing games, tactics, ways to stimulate players' feelings, security issues, etc. They are elements of formation proper to this activity, which are not developed separately in this industry, which is different from the idea of today's enterprise.

The current moment demands thus, strategy and execution to face this new segment. A kind of cascading connection within the current positive movement of coping with corruption. Therefore, legalization may represent a very interesting bias of social excellence, unfolding in two models: a) barrage of containment to corruption from marginality; b) creation of a number of new jobs.

Let's legalize. Freedom lies precisely in the equality that laws impose on people's behavior, treating them without differentiation.

 

Antonio Carlos Aguiar

* Antonio Carlos Aguiar is a lawyer, master and doctor in Labor Law from PUC-SP, a professor at the Santo André Foundation (SP) and director of the Instituto Mundo do Trabalho

Source: GMB / Fausto Macedo's Blog - Estadão