The present work, supervised by Prof. Dr. Egon Bockmann Moreira, seeks to study the regulation of the exploitation of the gaming sector in Brazil in a scenario of liberation of the activity, in view of the existing debate in this regard. First, the basic concepts of games of chance were pointed out and the context of the regulation of the sector in Brazil and the main existing proposals for the regulation of the activity was carried out.
In the second part of the work of lawyer Ricardo De Paula Feijó, research was carried out on foreign law to verify how the sector is regulated in the main jurisdictions. In particular, those of the State of Nevada, Macau, Portugal, Uruguay, Paraguay, Peru and Chile were analyzed. The focus of the research was the way in which gaming is authorized and explored, as well as the main regulatory rules of each jurisdiction.
In the last chapter, the possible regulation of gaming in Brazil was analyzed, covering the following topics: regulatory public policy, models for the exploitation of gaming, requirements and procedures for exploration, remuneration and investment regime, risk matrix , administrative organization of the regulatory entity, inspection of the sector and responsible gaming.
Several articles from Games Magazine Brasil are highlighted in the bibliographical references of the impressive work of the expert who cites the information of this media as an international reference on the country's gaming market.
At the end, the dissertation presents a conclusion indicating a model that it considers more adequate for the regulation of gaming in the country.
For those interested, the following is the complete summary of topics that cover the document:
1 - THE REGULATION OF GAMING IN BRAZIL
THE ACTIVITIES CONSIDERED AS GAMING
Activities considered as gaming in the strict sense - games of skill and games of chance
The bets
The lotteries
CASINOS IN BRAZIL – THE MEMORY AND THE DREAM
Casino games – slot machines and bank games
The ban on gaming in Brazil - the brief release of Epitácio Pessoa and the Dutra’s ban
The temporary release of bingos in Brazil
THE LOTTERY REGULATION IN BRAZIL
The federal lottery
The return of scratchcards with LOTEX
State lotteries and recent authorization by the Supreme Court
THE JOGO DO BICHO – BETWEEN ILLEGALITY AND SOCIAL TOLERANCE
Horse racing betting
Sports betting in general - authorization issued in 2018
POKER AND SPORTS OF THE MIND - ACTIVITIES EXCLUDED FROM THE GAMING FIELD
GAMING EXPLORED VIRTUALLY
ATTEMPTS TO REGULATE GAMING
Bill 442/1991
General authorization of gaming and its foundation
Authorized games and the distribution of competence among federative entities
Requirements for companies to explore gaming business
The casino concession
The bingo game
State lottery games
The jogo do bicho
Face-to-face and online betting
Electronic machines
Responsible gaming
The control of gaming
The taxation of the gaming sector
Bill 186/2014
The fundamentals and principles of gambling exploration
The games of chance
The distribution of skills regarding the exploitation of the activity
The concession of gaming and the necessary bidding
The requirement of special registration with the SRFB
The inspection and prevention of money laundering
Bills 595/2015
Bills 2648/2019
Bills 4495/2020
Discussions before the STF regarding the Constitution and its prohibition
PARTIAL COMPLETION
2 - THE ANALYSIS OF THE EXPLOITATION OF GAMING IN FOREIGN LAW
ANALYSIS METHODOLOGY: COUNTRIES SURVEYED AND RESEARCH FOCUS
GAMING REGULATION OBJECTIVES
Models of Exploitation of Gaming
Exploitation by concession on an exclusive basis
The concession under competition
Free competition and authorization for exploration
Online gaming permits
PROCEDURES AND REQUIREMENTS FOR THE AUTHORIZATION OF GAMING
Nevada State Licensing
The concession granting procedure - public tenders
Requirements required to explore gaming
The constitution of a company at the place of operation of gaming
The demonstration of suitability
The demonstration of economic and financial capacity
The requirement of proof of previous experience
THE AMOUNTS PAID FOR THE EXPLOITATION OF GAMING
The payment of financial compensation for the granting of the concession
Paying Gaming-Specific Taxes
THE ENTITIES RESPONSIBLE FOR THE REGULATION AND SUPERVISION OF GAMING
Independent regulatory bodies
The bodies linked to the Executive Branch of each country
RESPONSIBLE GAMING IN FOREIGN LAW
The self-exclusion of players
Training of employees to identify pathological behaviors
Gaming explorers' duty to inform
Minimum age for the game
The particularities of responsible gaming for online exploration
Technology in favor of responsible gaming
The need for adoption and constant reassessment
THE CONTROL AND SUPERVISION OF THE EXPLOITATION OF GAMING
The institution of integrity (compliance) programs to comply with regulatory standards for gaming
Direct inspection by the regulator
Financial control of gaming operators and prevention of money laundering
Sanctions applicable to gaming operators
The integrity of sporting events
OTHER RULES REGARDING GAMING EXPLORATION
The assets allocated to the concession
The granting of credit by the casino
Advertising for gaming
PARTIAL CONCLUSION: FOREIGN EXPERIENCES AS LESSONS FOR BRAZILIAN REGULATION
3 - THE REGULATION OF GAMING IN BRAZIL
REGULATORY PUBLIC POLICY
EXPLORATION OF GAMING – PUBLIC SERVICE OR PRIVATE ACTIVITY
The qualification of the public service and its implications
Direct exploitation of gaming by the State
Exploitation of gaming through public service concession
The inadequacy of public service permits for the delegation of gaming
The types of concession and the compatibility of the common concession for gaming
The two ways to delegate: with or without competitiveness
The possible alternative of competitive gaming concession
The legalization of gaming as a private economic activity and its regulation by the State
The search for broad state control over the exploitation of gaming and the legal nature of the activity
REQUIREMENTS AND PROCEDURES FOR THE EXPLOITATION OF GAMING
The incidence of public bidding rules in the case of public service concession
The legal requirements for qualification for public service concession bidding
The legal qualification of gambling concessions
Technical qualification and previous experience in the gaming sector
The economic and financial qualification of gaming operators
The evaluation of the suitability of bidders
The admission of participation in consortia of companies
Judging criteria in any dispute for the concession of gaming
The bidding procedures for gaming concession
Procedures for authorization of gaming – licensing
REMUNERATION AND INVESTMENT REGIME OF GAMING
Remuneration of public service concessionaires
Remuneration in the exploitation of gaming
The purposes of remuneration for gaming
The various forms of remuneration of the gaming operator according to the type of game explored
The investment regime, reversibility of assets and amortization in gaming concessions
Payment of counterparts to the State
THE RISK MATRIX
ADMINISTRATIVE ORGANIZATION OF THE ENTITY RESPONSIBLE FOR GAMING REGULATION
Independent regulatory agencies - the search for technical regulation of gaming
Gaming regulation and the need for technical rather than political decisions
THE SUPERVISION OF GAMING
The institution of integrity programs and the carrying out of internal and external audits
The performance of audits and inspections by the regulatory body
Financial control and the adoption of preventive measures against money laundering
The sanctioning process and the need for responsive regulation
RESPONSIBLE GAMING AND PERFORMANCE OF ACTIVITIES BY PARTICULAR PEOPLE
Responsible Gaming Public Policy
The adoption of educational policies on gaming
Gaming explorers' duty to inform
The minimum age for betting
The need to implement player self-exclusion programs
Training of employees to identify pathological behaviors
Technology in favor of responsible gaming and the need to create incentives by the regulator
OTHER INTERNATIONALLY ADOPTED RULES RELEVANT TO GAMING REGULATION
Source: GMB
