The approval of sports betting in 2018, the recent decision by the Supreme Court on the competing competence of the States to explore lotteries and the various bills pending in the National Congress to release games of chance make it essential to discuss the best ways to regulate the gambling activity in Brazil.
In this context, the research of the main jurisdictions in which games of chance are released, such as the State of Nevada, Macau, Portugal, Peru, Chile, among others, contributes significantly to thinking about the best solutions for Brazil in this field.
From reading the systems of these countries, we identified that the regulation of the sector in Brazil must be carried out in a way to provide greater freedom and competitiveness for companies operating games. Thus, it would be better if the activities ceased to be considered as a public service and started to explore free enterprise.
However, even if the qualification of public service is maintained, it is possible for the legislature and the executive to adopt several measures to make this regime more compatible with the reality of the gambling industry.
An alternative is the possibility of carrying out public service concessions without exclusivity and without a limit on operators, which would make bidding unenforceable. With that, we could carry out a licensing process with a focus on meeting mandatory requirements to guarantee the operator's suitability and his technical and financial capacity.
As for regulation itself, its success depends heavily on the establishment of an independent regulatory agency, endowed with financial and administrative autonomy. It is an essential measure to allow decisions to be made based on studies and predominantly technical criteria.
There is no doubt that a regulation that does not guarantee predictability and legal certainty for users will increase the cost of services and hinder investments in our country.
Finally, the release and exploitation of games of chance must be accompanied by the establishment of a public policy on responsible gambling, with the adoption of best international practices. With this, the alleged problems and social costs arising from the release of the activity are prevented and mitigated.
Much more than simply banning a sector capable of bringing a lot of investment and great development to the country, more efficient instruments can be used that allow the exploitation of games of chance.
These are some of the themes dealt with in the master's thesis recently approved by the Postgraduate Program in Law at the Federal University of Paraná regarding the regulation of games of chance, with which it is expected to contribute to the current debate.
Ricardo de Paula Feijó
Master in State Law from the Federal University of Paraná. Lawyer at Vernalha Pereira Advogados..
