The rapporteur, deputy Fernando Monteiro (PP-PE), expanded the scope of the original measure. The government text authorized the draws for open TV stations. The proposal approved by the Chamber allows any television station, radio station and civil society organizations to promote these marketing actions.
In the case of civil society organizations, the opinion conditions the drawing of the draw to the purpose of the institution - such as the promotion of education, health, food security, the fight against poverty or economic development, among others. Organizations must also be registered in accordance with the regulatory framework for civil organizations (Law 13.019 / 14).
It will be up to the Ministry of Economy to authorize and supervise the drawings. The text prohibits actions that constitute gambling or bingo and the distribution or conversion of prizes into cash.
Highlights rejected
All attempts to change the text (highlights) were rejected on Thursday. The biggest controversy was about the renegotiation of the grant payment by radio broadcasters. PSB and PT tried to remove this point from the text, but the proposal ended up being maintained.
The leader of the PSB, Alessandro Molon (PSB-RJ), stated that the PM does not deal with the regulation of the process of granting or renewing broadcasting permissions or concessions and, therefore, defended the exclusion of the device. "It is matter outside this PM, it must be removed to avoid the unconstitutionality of the text," he said.
Deputy Tiago Mitraud (Novo-MG) argued that the broadcasting bidding process is very bureaucratic, and it is necessary to facilitate it. “This proposal speeds up the process,” he said.
According to the maintained text, broadcasting companies may regularize the payment of the grant with monthly installments for the time provided for in the concession or permission with updating by the IPCA, except if the bidding notice determines another index for monetary correction, which will be made after the approval of the grant by the National Congress. In addition, the installment payment of the grant will not render the station's licensing or operation on a provisional or precarious basis unfeasible.
Broadcasting
Also according to the proposal approved by the Chamber, the actions of free distribution of prizes through a drawing, gift certificate, contest or similar operation depend on authorization from the Ministry of Economy, which may be granted to one broadcaster or to all of the same economic group. Draws and free gifts of up to R$ 10,000 (US$1,965) per month can be made without the need for government approval.
Participation in the sweepstakes will be restricted to persons over 18 years of age, with the need for prior registration of the participant, either electronically or by telephone, and confirmation of the Individual Taxpayer Registration (CPF).
The draws must be based on the results of the extraction of federal lotteries, and other means may be admitted if the draw is made exclusively on public programs in the auditoriums of radio or television stations.
Broadcasters that fail to comply with the rules may have their authorization revoked, in addition to paying a fine.
Civil society
Civil society organizations will also need authorization from the Ministry of Economy to distribute prizes through a lottery, gift certificate or contest. The objective of the initiative should be to raise additional resources for its maintenance or funding.
Like broadcasting stations, civil society organizations will not depend on authorization for free distribution of prizes up to R $ 10,000 (US$1,965) per month. The Ministry of Economy should regulate the limitation on the number of drawings and the application of a tax on the inspection of the operations carried out by them.
Civil society organizations authorized to carry out this type of marketing action will not be able to act in campaigns of political party or electoral interest, under any means or forms.
Repercussion
Deputy Paulo Guedes (PT-MG) criticized the authorization of the ‘telejogos’. For him, the actions deceive the poorest, which led the Justice to stop these initiatives in the 1990s. “At that time, this type of action was common, because people were fooled. The mother went to work, the son took the phone and called, and then came an absurd bill to pay. That is what we are authorizing with the vote of this PM,” he condemned.
In turn, Deputy Schiavinato (PP-PR) pointed out that the proposal will allow investments and jobs in the broadcasting sector. “The PP worked on this text with the government, in order to create new job opportunities, and to help community radio stations, which are more than four thousand across the national territory,” he defended.
Source: GMB /Agência Câmara de Notícias
