GMB - Why did you decide to be part of the Gaming Law Commission?
Bárbara Teles - The OAB / DF Gaming Law Commission is an important instrument for discussing legislative changes within the scope of advocacy and how we, within the law, can collaborate with society in this debate. The idea was thought up by the current president, Sérgio Garcia Alves, and at his invitation I was very happy to be able to participate actively to promote the debate on this topic.
Do you believe that there are legal tools to prove that gambling is not a misdemeanor in Brazil?
There are legal tools to show that the Games of Fortune are not a misdemeanor and there are some changes in the law that may make this clearer to prevent the problems of the past from recurring. And, in addition, there is already a discussion in the Supreme Court that can also resolve this situation and we follow it closely.
So, in one way or another, the situation of gambling in Brazil is bound to change in the short or medium term, either because of the Supreme Federal Court, or because the Legislature will change it at some point. But, from either side, it is clear that, yes, there is a legal path for the games of fortune in Brazil to be perfectly viable for our society, without the problems that happened in the past, taking into account good international practices, compliance and governance, prevention of health issues, adoption of mechanisms to protect against crimes and financial traceability, as well as good tax rules.
Are the approval of state lotteries and the legalization of sports betting a step towards the legalization of all types of games (jogo do bicho, casino, bingo, etc.) or is the legalization of all verticals still far from being achieved in the country?
The approval of state lotteries shows that it is a natural way for games of fortune in Brazil, in general, to be legalized. But more than that: that they be regulated. It must be made clear that there are rules so that the entire business environment is safe and viable for society, for investors and for the control bodies. It is not because in the past we had problems that now we have to nip it in the bud and prevent the activity from existing. The whole world has approved and allowed these businesses to exist with one basic condition: very strict control over how it works.
So, more than simply talking about whether the business has to exist or not, whether it is legal or not, we have to discuss clear and rigid control rules, and this is the time for this discussion.
Resort casinos have been proposed by some politicians. Do you believe that the ideal would be to allow only casinos in resorts in Brazil?
There is no ready answer. The most important thing is that there is a path that is feasible from the point of view of business, legal security, and society: it is no use for people to start in a way that is very small and, therefore, makes investments unfeasible, at the same time that starting with a market that is super open to all modalities can be a very big initial step. The solution is the same as for any complex problem: dialogue.
So, yes, there has to be a discussion between parliamentarians and the Congress. As it is a democratic house, it will have a vision from different angles to reach the middle ground of what should be the first step, whether it is with casino or not.
What guidelines have been worked on by the Commission?
The OAB / DF Gaming Law Commission will begin its work this month with an extensive agenda of debates.
The Commission has as its work plan the most diverse areas with regard to the universe of gaming, from discussions on the legal framework and regulations, based on successful international experiences, to issues such as types of modalities, compliance and responsible gambling; and issues that also involve public health and prevention of ludopathy.
How do you see the future of the gaming market in the country? Do you believe that legalization as in developed countries will come in the short or long term?
Gaming in Brazil will be a viable, legal and very prosperous business. Both for the Brazilian State from the point of view of collection, for the market from the point of view of generating prosperous business, and for the society that will have a form of entertainment, of course. But more than that: it will be a way of generating employment and income. It has been like that all over the world and there is no way to be different in Brazil. The advantage of having this business environment allowed only now is that we can learn from the best experiences in the world, both from the point of view of the business itself, and of regulation. We will have at disposal what other countries have learned so that the gaming business is profitable, but also secure.
So, if we take too long, it is a fact, the advantage of this is that we can have the best of each experience so that business in Brazil is an efficient tool for generating development and income for Brazilian tourism.
Source: Exclusive GMB
