The absence of the decree creates an uncertainty in the market, allowing the whole industry to continue exploring a deregulated market without clear rules. And the question raised is whether from now on betting is illegal.
Leandro Pamplona, specialist in Gaming Law (Gaming Rights), partner at BKP Advogados and member of the OAB/DF Gaming Rights Commission, explained how the market will look from now on.
"It's not going to change anything at all. In view of the expiry of the deadline for regulation on a practical level, nothing will change. You don't have to think about any kind of illegality, any kind of misdemeanor," he said.
He regrets that “unfortunately, for tax issues, consumer issues, etc., everything remains as it is. Betting remains legal under the 2018 Law. However, the absence of regulation can generate an environment of insecurity for bettors, in addition to preventing the collection of taxes for the Union, States and Municipalities.”
The lawyer also pointed out that operators who wish to regularize their operations in Brazil can go to court to obtain an operating authorization. "There is the possibility of filed actions to obtain an operating license," he said.
About any problems of bettors with bookmakers, Pamplona said that if "they do not receive the prize or still has own data improperly shared, they should immediately contact by chat, online support or call center made available by the platform, in order to document reach a solution.”
"If it cannot still be found, it is possible to open a complaint on the ‘Acordos Brasil’ platform, which will seek mediation and conciliation between the parties. This is an out-of-court attempt to resolve the conflict that has a good percentage of results," he added.
It is not yet possible to predict how the new government will address the subject. Recently, Edinho Silva, one of those listed to take over the Special Secretariat of Social Communication of the new government, said that the amounts collected by betting sites can be used for education and other areas of society, giving a clear manifestation in favor of regulation.
"But until then, we are facing an activity that has been legalized, but not yet regulated. Therefore, foreign operators will continue to exploit a deregulated market and without clear rules that guarantee the counterpart to the state," Pamplona concluded.
Source: Farol Jurídico
