In justifying the proposal to create the profession of lottery betting advisor, exclusively for legal entities, deputy Bacelar points out that the objective is to provide greater legal certainty for the performance of lottery betting intermediaries.
"For the purposes of the provisions of this article, a betting advisor is considered to be a legal entity whose corporate purpose is to provide consultancy, planning, intermediation and betting services in lotteries, by physical or electronic means, for the account and on behalf of the bettors," defines Bacelar in his Bill.
According to the deputy, intermediation activity is supported by Article 653 and following of the Civil Code, which govern the granting of a mandate and, therefore, allow a bettor to grant a mandate for the intermediary to carry out games and bets on his behalf.
The text prohibits occupants of public offices or jobs with competence to regulate and supervise any kind of game, bet or lottery from providing the service. As well as people "who do not have an unblemished reputation, at the discretion of the lottery operator."
Also anyone who has a criminal conviction, during the period in which they are under the effects of the sentence, "or that has been imposed on them for committing a crime of bankruptcy, prevarication, bribery or bribery, concussion, embezzlement, or against the popular economy, against the system national financial institutions, against antitrust rules, against consumer relations, against public faith or property."
Bacelar points out in his Bill that there are news of lawsuits, handled mainly by Caixa Econômica Federal, which seek to prevent the continuity of the activity of these operating agents, on the grounds that it would be an unauthorized commercialization of lotteries.
“In our view, however, this argument is unfounded. In fact, the courier does not sell any lottery bet – which, by legal imperative, is always placed directly at Caixa, through its website, or before a lottery permit holder. The role of the courier is exclusively in consultancy and planning for placing bets on lotteries, and then on placing or registering that bet, as defined by the player, in the legally authorized lottery sales channels,” explains the deputy.
If approved, Bill 1796/2023 will provide even more legal certainty to companies that currently offer Caixa lotteries over the internet and that are constantly the target of actions by Procons across the country on the grounds that they cannot carry out the activity.
Source: GMB
