The approval Provisional Measure 846/2018 and its subsequent conversion into Law 13.756 / 2018 (legalizes fixed betting sports bets) represents a huge advance in terms of Legalization of the Games in Brazil, and especially for Sports Betting.
Let us see the main changes in the Brazilian legal system after the approval of the mentioned Law.
1. Sports Betting - Legal Framework
The Law on Criminal Offenses provides, in its article 50 in its §3, that the games of chance are:
Paragraph 3, games of chance are considered:
a) the game in which the gain and the loss depend exclusively or mainly on the lot;
b) bets on horse racing outside a racetrack or where they are authorized;
c) bets on any other sports competition.
It is noticed that the device that considers sports betting as a game of chance has not yet been revoked.
However, Law 13756/2018 innovates by introducing the concept of Sports Betting fixed quota, and also conceptuates such modality of Betting as a lottery game, let us see:
Article 29. Lottery modality is created, in the form of an exclusive public service of the Stade, denominated fixed-rate bets, whose commercial exploitation will take place throughout the national territory.
Thus, we understand that with the advent of article 29 of Law 13,756, fixed-rate Sports Betting is now considered a true lottery mode, while its illegal exploitation no longer affects Article 50 (gambling exploitation), and the article 51 of the same Law of Criminal Offenses is applied, let us see:
Before:
Art. 50. To establish or exploit a game of chance in a public place or accessible to the public, by means of payment of admission or without it: (See Decree-Law No. 4,866, dated 10.22.1942) (See Decree-Law 9.215, of 30.4. 1946)
Penalty - simple imprisonment, from three months to one year, and fine, from two to fifteen contos de reis, extending the effects of the condemnation to the loss of furniture and objects of decoration of the place.
Now:
Art. 51. Promote or extract lottery, without legal authorization:
Penalty - simple imprisonment, from six months to two years, and fine, from five to ten contos de reis, extending the effects of the condemnation to the loss of the existing furniture in the place.
It is noticed that the reprimand becomes less lenient (maximum sentence that was 1 year, is now 2 years).
2. When will we have legal betting in Brazil?
The entire international gambling community is looking at Brazil with excellent eyes at this moment, both betting operators and other modalities, since the approval of those can be an important first step towards the legalization of other games.
At this moment, opening a betting site based in Brazil and focusing on Brazilian users is part of the so-called gray area, in which it is not known for certain and with certainty whether or not it is a legal activity.
Law 13,756 determines that it will be up to the Public Power to regulate the matter within 02 (two) years, a term that may be extended for an equal period. However, it will be heard that regulation will occur much more quickly, especially in view of the need for the Federal Government to raise new sources of resources. The certainty that one has, at the moment, is that once regulated the activity and demonstrated the rules for the competition for licenses and / or authorizations to operate, this will then be a legal area to be operated in Brazil. While the issue is not regulated there is no way to say with certainty what the legal situation regarding the exploitation of sports betting.
On the one hand, it is understood that the activity remains illegal, but Article 51 should be applied and not more than 50 (which we agree).
However, there is also a contrary view that takes into account that the activity can already be explored, even before the regulation, which is an understanding defended by the political party PHS (Partido Humanista da Solidariedade).
The Partido Humanista da Solidariedade (PHS) has filed in the Federal Supreme Court an allegation of non-compliance with a fundamental precept that questions the definition of the exploitation of gambling as a criminal offense. The PHS, a party that has four deputies in the new Federal Chamber, argues that release of practice can generate jobs and tax collection. Minister Edson Fachin was drawn as rapporteur of ADPF 563.
3. Conclusion
It can be seen that, with the approval of Law 13,756, the eyes of the entire global gambling industry focused on Brazil and much is expected of the Legalization of the Games here.
With the legalization of fixed odds betting (fixed odds betting) and its change of criminal classification (from article 50 to 51), a term of regulation of the subject was established that will be of 02 years renewable for the same period .
Prevails the understanding that the activity will only be legal and operable after the regulation of the subject and determination of the bidding rules for those who want to operate fixed quota bets in Brazil, which should occur still in 2019.
However, there is a different view advocated by the PHS and other sectors that any prohibition on the exploitation of games of chance is unconstitutional, since it Constitutional principles, such as the Free Initiative.
Source: Snakebet
