First
of all, I must remind that the Constitution of the Republic did not prohibit
the exploitation of games in Brazil, but it provided express provision for
Social Security to be financed by the revenue of those considered as
"numerical prognostic contests" (art. 195-III), regulated procedure by
the infraconstitutional legislation (Law 8,212 / 91, D. 3,048 / 99).
Although today's legal system defines such prognostications as "public
service", the same luck does not seem to affect the modalities of casino
and bingo, whose operation must be attributed to private initiative.
Brazil is in need of a federal law that authorizes the operation of gambling in
casinos, bingos and lotteries, including online offering. The power to
legislate on this matter is of the Union (Article 22-XX / CF / 88.), for which
the solution will come from the National Congress on the initiative of its
members or attending any project submitted by the Federal Government - a
Provisional Measure, for example.
Researches such as that of the Getulio Vargas Foundation -presented by the
Doctor of Law Carlos Emmanuel Joppert Ragazzo-, in what we can consider to be
the most recent and complete study on the market of gaming in Brazil, reinforce
the arguments that we adopted: the regulation of gaming is a source of benefit,
whether due to the existence of large-scale demand or the successful experience
of other nations. This is a theory corroborated by Professor Pedro Trengrouse
exposed in the Camara Cycle Debate, an authority that I had the pleasure to meet
at the International Casino Conference in London.
The president of Brazilian COAF (Financial Activities Control Council), Antonio
Gustavo Rodrigues was heard in the Special Committee of the Chamber of Deputies
created to discuss gaming activities in Brazil, and confirmed that the
Brazilians play what Revista Época reported, that is, more than US$ 1.28 billions
per year on casinos and betting sites hosted outside the country, but available
in our territory.
The figures presented to the Special Commission of the Chamber of Deputies
demonstrated that the legalized gaming under the control of the Union raised in
US$ 4.33 billion in all its modalities in 2014 and it allocates US$ 2.04 billion
for social financing (Caixa) while the local illegal popular "jogo do bicho” employs
approximately 150,000 informal workers and raises more than US$ 6.1 billion
(due to lack of law) per year.
Brazil is an estimated market of US$ 28.85 billion (1.5% / GDP) in terms of bettings,
as it has a demand for private initiative and control of revenue and prizes
similar to new and modern international standards.
Representatives of the Finance Ministry who were in London during recente seminars
at ICE Totally Gaming 2017 stated that there is a desire of the Federal
Government to legalize sports betting this year - maybe casinos-, and the
parliament gives clear signals of the regulation of bingos and "jogo do bicho”,
(I wish) under the control of the State Lotteries.
Finally, it is said that the Internal Regiment of the Senate and the Federal
Chamber foresees the participation of Organized Civil Society in the
construction of federal Laws, including in this role the "regulatory
framework of gaming". For this reason, it is obvious that individual
interference is not welcome and can slow down the process. The legal and
quickest way to defend their private interests in this process is to be
represented by Trade Unions and Formal Associations.
With this lines, I inaugurate my participation in this prestigious website,
honored that I am at the invitation of Carlos Cardama, to talk about the legal
aspects that involve the construction of a new regulatory framework of gaming
in Brazil.
I intend to speak in the next articles about the decision of the Gaucha Justice
that decriminalized the games of chance; the market of lotteries in Brazil; the
internalization of foreign capital for investment purposes in the country and
the necessary authorization of the Ministry of Labor for a foreigner to
exercise acts of administration in a casino or gaming company in the country;
about the "jogo do bicho” as Brazilian cultural heritage and its social
repercussions; the repercussion of the opening of casinos in Brazil and its
consequence in casinos beyond our borders, among other subjects, within the
limits of my experience and understanding.
Roberto
Carvalho Brasil Fernandes, Brazilian, postgraduate in Law, lawyer of ABLE -
Brazilian Association of State Lotteries, accredited in the Chamber of Deputies
to represent the interest of the state Lotteries (RICD / 3,008,963), signatory
of the defense of the Lotteries in the Supreme Federal Court in ADI, ADPF and
other constitutional actions.
Guest Conference on Gaming and Lottery, by Clarion Events (BGC and ICE / 2016),
by STF in the Great Judgments program, in the II Encuentro Latinoamericano Del
Juego / Peru, in the seminar Challenges and Prospects for Regulation of Games /
ALMG-Minas Gerais / 2015 and others.
Authority invited by the Special Commission of the Regulatory Framework of
Gaming in Brazil to expose the perspective of the state Lotteries and interest
in the bills that are processed in the Chamber of Deputies; Author of several
articles on the market of Gaming in Brazil. Specialist in international law and
internalization of capital and customs.
e-mail: [email protected]
