MAR 26 DE NOVIEMBRE DE 2024 - 23:27hs.
Anna Florence Anastasia, lawyer

Lack of regulation of sports betting results in great injury to State and society

The growth of sports betting, especially on the eve of the World Cup, is undeniable, but as lawyer Anna Florence Anastasia states in an article for Poder360, the great harm is the collectivity. 'There is no regulation of fixed quota bets, the government collects nothing from this activity and the transfers do not occur, resulting in another great loss to the public administration and society,' she says.

Although 2022 was a busy year in the state lotteries scene, Brazil missed the opportunity to regulate fixed quota bets in time for the start of the World Cup in Qatar. In this type of bet, the bettor knows in advance how much he will receive if he corrects the prognosis.

Despite Law No. 13,756 of 2018, issued by the then President of the Republic, Michel Temer (MDB), determine the regulation of such a modality by the Ministry of Finance, within 2 years — which, incidentally, has expired — little has been done so that the service could be officially exploited in the country, and, in this case, the damage is great.

The biggest harmed is, fatally, the collectivity. Therefore, the proceeds of the collection of the exploitation of fixed quota bets, at the federal level, should be destined to social security, culture, the maintenance of public safety and sport, as provided by the arts. 15 to 17, of Law No. 13,756 of 2018.

However, without the regulation, the government collects nothing from this activity and the transfers do not occur, resulting in another great loss to the public administration and society.

Not enough, with regard to the market issue, Brazil ceases to receive benefits in relation to this sector, since the large betting companies operate normally in the country, without, however, hosting their websites in Brazil or keeping here any office or branch. These same companies, today, already sponsor large elite teams of Brazilian football, in addition to broadcasting on television – in open channels, including - advertisements of their services.

Note how enormous the damage is: companies in the sector have been operating normally, without regulation, and, as they operate from abroad, they stop creating jobs (in a country where unemployment is the reality of 9 million people) and collect taxes at the municipal, state and federal levels. In addition to also not paying the due taxes those bettors who collect prizes in sports betting.

Once again the greatest factor is the collectivity, since tax collection is essential to the improvements and efficient functioning of public services offered to the population.

What draws more attention in this context is the fact that Brazil is the 3rd country that bets the most on eSports, second only to the United States and China. That is, the movement of values in this segment is not only relevant, but also of great volume.

The data leave no doubt: the sector moved, in Brazil, R$ 7 billion in 2020. In 2023, this number could reach R$12 billion, according to projections. But all this depends on a consistent move so that fixed quota bets are regulated as soon as possible.

The volume of sports betting during the World Cup will certainly be surprising, especially compared to the 2018 World Cup, which moved the sector to the amount of € 136 billion, according to FIFA. And this year, you can see that the movement is everywhere. In recent days, renowned magazines have already published information from betting sites and guides for participation in "pools".

It is expected that events such as the last presidential elections and now the World Cup will serve as a lesson, and that Brazil will not miss more opportunities for growth and revenue, and will see the betting market as an ally of the economy and society as a whole.

Anna Florence
Administrative lawyer at GVM Advogados, with work focused mainly on gaming law. Graduated in Law from The Higher School Dom Helder Câmara and postgraduate in contracts and bids from the Pontifical Catholic University of Minas Gerais

Source: Poder360