It can be said that in September 2021 the issue of the legalization of gambling and the resumption of casinos – finally – returned to the agenda of discussions in Brazil in a public way.
The agenda of the President of the Chamber of Deputies seems to include advancing towards the regulatory framework of gambling in Brazil – a very important step given the leading role of the Legislative in this important institutional moment. It is in this scenario that the President’s House authorized the creation on September 10 of the Working Group (WG) to update the former replacement to Bill (PL) 442/1991, which creates the Regulatory Framework for Gaming in Brazil.
The Working Group is formed by Deputies in favor of legalization, but each one defending certain peculiarities related to the theme. The generation of employment, income and collection seems to be unanimous in the speech of the 13 parliamentarians, including WG Coordinator and Rapporteur.
Is it the case for a broad legalization of all forms of gambling? Would it be the opportunity to implement large casinos? Would the proceeds be directed towards combating the pandemic? Which Brazilian regions would be privileged with the resumption of casinos or implementation of integrated resorts? These are questions that the Working Group will probably be able to answer in its conclusion, which should be given within 90 days, renewable for an equal period.
While we have an advance in the Legislative (even with the change in the role of the initiating House), the Ministry of Economy recognizes the importance of guaranteeing legal security to those games that are already allowed and played nationally: skill games.
In a webinar with the highest audience in history held on September 16, the Ministry's Secretariat for Evaluation, Planning, Energy and Lottery (SECAP) saw the strength of skill games – especially for poker and eSports fans.
The good government intention is to issue a Decree so that the recognition of skill games can advance. The same body is in charge of regulating sports betting which, since 2018, has been legalized and has a deadline of 2022 for its regulation.
Even the Parliamentary Commission of Inquiry (CPI) of the COVID-19 Pandemic underway in the Federal Senate had the subject of casinos in vogue. In a session for taking the testimony of a Director involved in vaccine sales, on September 23, the deponent's trip to Las Vegas was questioned by lawmakers, in which the delegation of the Federal Senate that went to visit businessmen in the casino sector of the United States early last year.
In other words, even the Parliamentary Committee, which does not have games of chance as its scope, took some time from its plenary session to discuss the issue – whether to criticize or support, we had a discussion among parliamentarians about the return of casinos in Brazil.
In addition, the senator rapporteur for the Income Tax Reform (IR) in Brazil indicated on September 23 that he will consider the proceeds from the legalization of gambling in his new report, in order to offset the cuts provided for in the current text.
There is, therefore, a favorable scenario for resuming the construction of a regulatory framework that encompasses all the minimum requirements demanded by players with good reputations, in order to guarantee the debate on international experiences that can guarantee an advance for the Brazilian model. One should think about implementing gaming with all the requirements for responsible gaming, fighting crime, preventing playfulness and proper inspection of activities.
The institutional advances in the gaming agenda are visible and it is up to public agents to perform in an integral, clear, objective and safe manner so that Brazil becomes a new reference, adopting the compliance requirements for the generation of jobs, income and growth of a sector in constant rise.
Bárbara Teles
Lawyer and General Secretary of the OAB/DF Gaming Law Commission
