MAR 26 DE NOVIEMBRE DE 2024 - 01:33hs.
Tax injustice

Manssur criticizes the delay in regulating sports betting at an OAB/SP event

The OAB/SP (Brazilian Bar Association, São Paulo section) held this Tuesday (7) the seminar “Betting on the future: The new legal horizon of online betting in Brazil”, with the aim of debating the prospects of this market in the country. José Francisco Manssur, advisor to the Ministry of Finance, once again said that “it is not tax fair that this segment that earns billions of reales has spent five years without collecting absolutely anything in taxes.”

The discussions were opened by the president of the Privacy, Data Protection and Artificial Intelligence Commission and Data Protection Officer (DPO) of OAB/SP, Solano de Camargo. To provide context, he explained the difference between fixed-odd betting and lotteries.

“Fixed-odd betting lotteries are types of games in which participants bet on events such as sporting results and competition outcomes. They differ from traditional lotteries, in which prizes are determined by the collection and distribution of shares.”

“Fixed odds bets offer the player the option to bet a predetermined amount, which allows for more precise control of risks and rewards. Technology plays a crucial role in the context of these bets, as lotteries are operated through very advanced digital platforms,” said Solano.

The DPO of OAB SP reinforced that the legalization of this type of betting will be a fundamental instrument for combating crime associated with illegal gambling, at the same time that it will bring an important collection of state funds by promoting the generation of formal jobs.

“Although provisionally, fixed odds bets generated more than R$120 billion last year alone here in Brazil. We can see the enormous economic potential that this sector brings. Today, we have approximately 450 companies operating in the market, so regulation is not only desirable, but also a necessity to ensure transparency and security in transactions,” said Solano.

The event featured six panels, with the themes 'The Emergence of the Online Sports Betting Market in Brazil', 'Regulation of Online Sports Betting in Brazil', 'Tax and Tax Aspects, Consumer Protection and Responsible Gaming', 'Online Betting in the World' and 'Conflicts and Dispute Resolution'.

The president of Sorte Online, Márcio Malta, was one of the speakers. “A study by the American Gaming Association (AGA), presented last month, showed that the sector's contribution to the US economy is around US$328 billion, which represents 1.5% of GDP. This shows the size of the opportunity we are missing by not having this segment regulated in Brazil. Our country operates gambling in a very consolidated way with the state monopoly of Caixa Federal. The market has already understood that decentralization will lead to a much more virtuous segment.”

Lawyer Ricardo de Paula Feijó, author of the book Regulation of Gambling and Lotteries in Brazil, also contributed to the event by providing a historical contextualization of betting games in the country.

José Francisco Mansur, special advisor to the Ministry of Finance, explained that law 13,756 of 2018 established the obligation for the government to regulate the legal text within two years, which could be extended for another two years.

This, however, was not done until 2023, when the current management of the Executive Branch created a group to work on regulation. “I am having the opportunity to coordinate a group that involves other ministries, including. The objective fact is that, between 2018 and 2023, sports betting generated astronomical amounts of money. It is not tax fair that this segment that earns billions of reales has spent five years without collecting absolutely anything in taxes,” he argued.

Lawyer Ellen Mesquita also spoke at the event, reinforcing the importance of regulation. “We have to think that law is security. The law outlines the habits that society presents. Human behavior will not cease to exist. And, when we don't regulate it, it begins to exist underground. By existing only in the clandestine sphere, everyone loses, not only in the State's revenue aspect, but in the human aspect. Harmful attitudes can be fostered when there is no regulation, such as addiction, money laundering and everything else.”

Among the experts who participated in the seminar were also lawyers Tereza Ribeiro, Udo Seckelmann, Amanda Smith Martins, Gustavo Terra Teixeira, Maria Marta Lisboa, Paulo Vinicius Soares, Eduardo Bonfim, Cláudio de Abreu, Rodrigo Antônio da Rocha Frota and Daniel Brantes Ferreira, as well as journalist Magno José and the director of Trees iGaming Consultants, Tex Rees.

Source: OAB/SP