VIE 18 DE OCTUBRE DE 2024 - 07:24hs.
Filipe Senna, advogado no escritório Jantalia

Reflexões sobre as possíveis restrições de pagamentos em apostas online no Brasil

Neste artigo, Filipe Senna, especialista em iGaming no Jantalia Advogados, levanta questões cruciais sobre a proteção ao jogador e a possibilidade de restrições das formas de pagamento por parte do governo brasileiro, limitando-as ao PIX e cartões de débito, para as apostas esportivas e cassinos online.

The regulation of sports betting and online casinos in Brazil has reached a new milestone with the consolidation of Normative Ruling No. 1,330, issued by the Ministry of Finance in 2023 and now widely disseminated in electronic media with greater emphasis. This ruling imposes significant restrictions on payment methods in the sector, limiting them to PIX and debit cards.

This decision, officially part of the legislation, reflects a concern to protect the bettor from overindebtedness and gambling addiction, constituting a policy of responsible gaming and prevention of pathological or potentially compulsive gambling.

By excluding credit cards as a payment option, the government aims to prevent citizens from indebting themselves beyond their financial capacities. Additionally, the PIX key linked to the player's data ensures that bets are made with funds already present in the bettor's bank account.

However, this regulatory change may have a significant impact on the actual objectives of regulating the sports betting and online casino sector in Brazil – increasing revenue in the country compared to other jurisdictions. In many international markets, such as the United States, a large portion of bets is made using credit, raising questions about the competitiveness of the Brazilian market under the new rules, even with the existence of the innovative PIX in the National Financial System.

Normative Ruling No. 1,330, therefore, represents a delicate balance between consumer protection and the economic and fiscal interests of the State. While seeking to safeguard citizens from financially harmful practices, it is crucial to consider the implications of these restrictions on the gaming and betting industry and tax revenue.

The debate now turns to how industry stakeholders, including betting operators and regulators, will adapt to these changes.

Filipe Senna
Lawyer at Jantalia Advogados