The new report can be downloaded here.
Federal Deputy Felipe Carreras (PSB-PE) delivered last night the most recent version of the substitute for Bill 442/91, which legalizes gaming in Brazil. According to the new text, the Ministry of Tourism will be responsible for formulating the market organization policy, in addition to regulating, supervising and inspecting the activity in the country. In the review, jockey clubs remain without permission to exploit bingo and machines. Jogo do bicho and sports betting had the limitation of the number of operators reduced to one for every 700,000 inhabitants in each state and in the Federal District.
Among the amendments presented, Secap – Secretariat of Evaluation and Lotteries of the Ministry of Economy was defined as responsible for the regulation of online gambling and sports betting. They can be explored through betting on electronic channels, via the internet, smartphones, tablets and computers.
The Ministry of Tourism will have the competence to formulate the market organization policy, in addition to regulating, supervising and inspecting the activity in the country. In the exercise of its attributions, it will be incumbent upon it to sign agreements or technical and administrative cooperation agreements with agencies and entities of the Federal Public Administration, the States, the Federal District and the Municipalities, for the decentralization of the supervision and efficient inspection of the activities.
According to the text, the Ministry of Tourism may request information and documents it deems necessary to clarify the operation, including the origin of the resources used in it and the reputation of those involved. After analyzing the operation, the Ministry of Tourism may determine that the operation be amended, regularized or undone.
It will have access to a mirror server and to the database of the system that the project is about, by sending the data directly or sharing it between the agency's systems and those of the operator.
The new report stipulates that companies accredited to exploit gambling are prohibited from the following practices:
“Any and every payment or receipt of amounts related to gaming or betting that has an operating entity as a counterparty must be made in national currency, or through transfers to and from current, savings, or payment accounts, or through instant electronic payment system – PIX, or by debit card. All these transactions must be carried out in institutions authorized to operate by the Central Bank of Brazil.”
The report maintained the creation of an inspection fee for the issuance of licenses and a contribution of 17% on the gross gaming revenue resulting from the activity and the incidence of income tax of 20% on the net prize equal to or greater than R$10 thousand.
Bingos
Jockey clubs are still prevented from exploring bingo games and machines, as in the previous version. Bingos, in addition to being operated in their own rooms, can be held in stadiums with a capacity for over 15,000 people. The new text defines a minimum area of 1,500 m2 for a bingo room, which will only be able to exploit video bingo machines (maximum of 400 per room), with an extended concession period from 20 to 25 years. Previously, the minimum area required was 1,000 m2.
Bingo room operators must be incorporated under Brazilian law, with headquarters and management in Brazil, with a minimum paid-in capital of R$10 million. The payout for the operation of bingo and video bingo games was kept at a minimum of 80% of the total stakes.
Jogo do bicho
The rapporteur maintained the premises presented in the previous report for the operation of the jogo do bicho in Brazil. The only change was in the number of operators. According to the new text, one operator will be accredited for every 700 thousand inhabitants in each state and in the Federal District. For states with less than 700 thousand inhabitants, only one operator will be authorized. The report provides for the allocation of at least 40% of the total amount staked as payout (in the previous version, it was 50%) and a minimum paid-in capital of the operator of R$ 10 million.
In prizes for extracting the jogo do bicho, up to the limit of exemption from income tax, it will not be necessary to identify the player, according to the new text presented by Felipe Carreras.
Sports betting
The new text determines that at most one fixed-quota game operator will be accredited for every 700 thousand inhabitants of each State or Federal District, against 1 million inhabitants in the previous version. This will allow an increase in the number of operators in the country.
Online gaming
One operator for every 1 million inhabitants in each State or Federal District may be licensed for the exploitation of this vertical, and for states with less than 1 million inhabitants, only one license will be granted.
It will be up to the Evaluation and Lotteries Secretariat – Secap/ME to prepare specific regulations for the operation of online gaming.
Casinos
No substantial changes were made in the chapter dealing with casinos, except for the requirement to be at least 50 kilometers from ground zero of each state capital or the Federal District.
Source: GMB
