VIE 26 DE ABRIL DE 2024 - 23:02hs.
OPINION - ROBERTO BRASIL FERNANDES, ABLE ATTORNEY

New government, new scenario for Lotteries and projects for Brazil

The victory of Jair Bolsonaro in the elections for President of Brazil reflects the will of the majority of the people for change. In this context, I note that the regime of previous governments opted to 'tolerate clandestine gambling and prohibit legal one' in such a way that the only significant change for the market, is to reverse this order as an independent necessity of ideological position of government.

Last Tuesday, at the LIDE meeting in Florianópolis, SC, the current Minister of Tourism Vinicius Lumertz, supported the need to open casinos to leverage significant investments and increase national tourism, as an independent need for an ideological position of government.

From the economic and financial point of view, there are not many ways for the new governments (state and federal) to obtain revenue, without increasing or creating another tax (like the CPMF), so this market may be indispensable in the next government.

Recall that there are two important bills in the National Congress in the Chamber of Deputies (PL442 / 1991, already approved in the CCJ, CFT and CDC) and the Federal Senate (PLS 186/2014), in addition to other essays, nothing prevents the current or nearby government from dealing with this matter in the context of a provisional measure (provided that this market is only a source of revenue for a "relevant and urgent" law object / MP) or another project of its own.

Finally, I would argue that in the discussion of the previous paragraphs, LOTTERIES are not included, which can not be treated as a "game of chance", because they are activities developed by the state itself, not for profit purposes and with earmarked revenue, by constitutional provision ( 195, III / CF), for social security, already administered by CEF and by some Brazilian states.

Nothing would be more correct to allow each state to independently and autonomously decide on these matters, from the will of the people of its state.

As a matter of imperative need of Brazil, I believe that there will be a change in the legislation that deals with these matters.

Roberto Brasil Fernandes


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.

Escrito por Roberto Brasil Fernandes (Lawyer)