In recent weeks, all that has been talked about is the ‘Jogo do Tigrinho’ (Fortune Game). While personalities irresponsibly promote gambling as a way to become a millionaire, to achieve success, or a means of social advancement, gigantic scams are reported every day that lead thousands of people to financial losses that are difficult to repair. To attract players, celebrities do everything they can, posing with imported cars, in mansions, showing off wads of money and everything imaginable in terms of ostentation. How far will this go?
The game's operation is simple and shouldn't cause any problems. It is a game of chance with a theme inspired by the Chinese zodiac. To play Fortune Tiger, people must sign up to the platform, make cash deposits and spin reels to bet on roulette.
Whoever is lucky enough to match three symbols on the pay lines wins the game, something similar to a slot machine. According to the websites that offer Fortune Tiger, its RTP (return to player) is usually higher than 95%. That is, theoretically, this percentage indicates the probability of the player receiving a return on the money bet.
I say theoretically because today in the country there is no verification of RNGs (random number generators) – devices responsible for the randomness of games – of the platforms that make Tigrinho's Game available nor of games that follow the same logic as Fortune Rabbit, Fortune Mouse, Fortune Gods and Fortune Ox.
In countries that regulate iGaming, as this type of game is known, all platforms, in order to offer a product of this type, undergo certification from an international laboratory in order to ensure that the results are, in fact, random and that there is no manipulation on the part of the operator. The suitability of the RNG is evaluated and certified.
In Brazil, however, this does not happen. The reason is simple, despite being present in every corner of the country and offered by several platforms that operate offshore, there is no regulation regarding it. Irresponsible platforms are proliferating that target their games at minors and manipulate the results, in order to restrict, or even prevent, the player from winning in a game of chance. The result is manipulated so that the player only loses and the house only wins.
The way things are today in Brazil, it is not certain whether a platform that offers Jogo do Tigrinho or similar has its RNG certified or even whether it has the RNG in order to ensure the randomness of the game.
Electronic games known as iGaming, in fact, are prohibited in the national territory, but offered to Brazilians from websites hosted in foreign countries that allow this type of gaming. Crazy, right?
How would Brazil be able to punish companies that are outside its territorial limits? You simply can't, you lack competence. Can we try to avoid publicizing this type of game? Yes, it is certainly possible. Now, whether this attempt to contain the spread of Tigrinho and its variants will be effective, I have my doubts. It is a practice that spreads by word of mouth. Social networks may still be restricted, but publicity is largely carried out through private messages and closed groups. It's practically chasing your tail. Impracticable.
And how did we get to this situation? It's worth a brief look back at the facts. In 2018, with the legalization of sports betting through Law 13,756, bookmakers were authorized to explore sports betting in Brazil, even though they could not set up shop here due to the lack of regulation. The Federal Government's delay in providing regulation (more than 5 years have passed - 4 years of the Bolsonaro administration and we are heading towards one year of the Lula administration) generated an uncontrolled expansion of this activity.
Following sports betting came iGaming. Internationally, it is common for the same platforms that offer sports betting to offer iGaming. This began to be done in Brazil without public authorities containing the problem that was coming. Today betting and iGaming form a billion-dollar market. It is estimated that the financial turnover of operators in 2024 will exceed R$15 billion. The market is gigantic and, as I said previously, it is out of control due to the Federal Government's inaction, especially during the past administration.
Many speak out, especially after repeated reports of scams being applied to the population in banning gambling and even the activity (iGaming). This measure, as much as it may seem like the quickest way to put an end to crimes that are carried out over the internet, will not solve the problem. After all, gambling is already prohibited. Reinforcing this ban will lead nowhere, especially because, in practice, we have seen every day that even though this game is banned, it continues to be on people's lips.
Others will say that it is then necessary to repress, monitor and ensure that punishments are applied and enforced. Again, I don't understand that this is the most efficient way. This is a path that requires qualified personnel and investment in equipment. Human and technological resources are expensive. Still, the country's hands would be tied, because as I said, these platforms are not located in Brazil, but abroad.
There is only one viable alternative. Recognize the existence of this problem and address it, instead of simply dismissing it. Brazil must regulate iGaming activity, only then, by bringing the activity legal and establishing guidelines, will the Federal Government be able to ensure that serious platforms are installed in Brazil, allowing for adequate supervision and control. Only with legalization will the country be able to obtain resources from iGaming to invest in staff qualifications and monitoring technologies to check the existence and functioning of the platforms' RNGs.
The game is not easy, and to skip the stage, the initial move is regulatory. Bill 3626/23 proposes the regulation of betting and iGaming. Regulating only bets and leaving iGaming for later is ignoring a present problem, it is conniving with the scams, which will continue to be given, it is ignoring the problems that games like Tigrinho, without due control, can bring to the population.
Rafael Marchetti Marcondes
Professor of Sports, Entertainment and Tax Law. Doctor and master in Tax Law from PUC/SP. MBA in sports management from ISDE in Barcelona/ES. MBA in sports betting management from Ohio University/USA. Chief Legal Officer at Rei do Pitaco. President of the Brazilian Fantasy Sport Association (ABFS). Legal director of the Brazilian Institute for Responsible Gaming (IBJR). Director of government relations at the Brazilian Association for the Defense of Sports Integrity (ABRADIE).
