Luiz Carlos Prestes Filho: What is your view on the referrals in the National Congress and the Supreme Federal Court (STF) that may soon regulate the money betting games administered by the private sector in Brazil?
Daniel Homem de Carvalho: In Brazil, gambling was never really prohibited. The restriction was only against private exploitation. Brazilian law guarantees a monopoly on the exploitation of lotteries and gaming for the government. Thus, lotteries are poorly managed, and consumers are harmed. Government was not made to be a "bank" of gaming.
Would the regulation require a great effort from institutions such as the Brazilian Bar Association (OAB) and the Brazilian Lawyers Institute (IAB), to follow the process?
There is a lot of mystique around this theme. The gaming and lottery industry is economically relevant across the entire civilized world. Look at Americans, deeply religious people. They are pragmatic. If there is a social demand, someone will meet that demand. Having a good regulation is better than using the country's legal framework to criminalize activity. America has extensive experience with Prohibition errors.
The World Gaming Economy Productive Chain promotes activities in the areas of architecture and the graphics industry, accommodation and restaurants, entertainment, and technological innovation, among others. Can we favor Brazilian companies with the regulation of the gaming sector?
Certainly a few days after the regulation, the Brazilian economy will be positively affected. Today Brazil renounces a large tax revenue by not regulating betting. From the regulation we will have a huge boost in national work and income.
Does the National OAB intend to hold a congress on the legal impacts of regulation?
I believe that everything that could be discussed on the topic has already been launched in the last 70 years. The only novelty was the major disruptive process in technology. There are no more arguments to be launched, for or against. In my view, there is no decision on whether to regulate or not.
We are the only country in Latin America that does not have a regulated gaming sector. That annoys me. Do we have anything to learn from neighboring countries like Argentina, Uruguay, and Peru?
Argentine writer Jorge Luis Borges said that Latin America is a fiction. Unfortunately, we live with our backs to the Spanish-speaking countries in the Americas. Of course, our economy is much bigger. Our private economy is vastly more powerful. You know that I advocate a minimalist regulation, where the private company has the leadership of this industry, with the State having the role of regulator.
Today, does Brazil have lawyers specialized in gaming legislation? Will we have to train specialists?
Over the years many good lawyers have been trained with a good foundation in regulatory law, geared to the sector. It is not for lack of lawyers that Brazil will stop regulating the gaming and lottery industry. The public sector itself has formed excellent executives who are deeply familiar with the way in which other countries have structured their industries. I say it again: everything that could and should be said has already been done. It remains to decide whether or not to do it.
Does the Ministry of Justice play an important role in the regulatory effort?
The Ministry of Justice plays an important role in contributing to future regulation.
Strategically, which institutions should have an active voice in structuring programs and projects aimed at gaming in Brazil?
All possible and interested institutions have already been heard. Everything has already been said.
Source: Luiz Carlos Prestes Filho – Diretor Executivo do jornal Tribuna da Imprensa Livre
