Cesconetto argues that a flow of information should be created between bookmakers, clubs and authorities — for example, by sending reports of indications of manipulation, made by companies and sent to supervisory bodies, to speed up investigation processes.
"Hence the need to have effective compliance in these companies, to facilitate preventive action and not put all the chips only on the repressive aspect," he says.
Initially approved in 2018, the fixed-odd betting law —nowadays widespread sports betting made on websites— was shelved for four years, without regulation, during the government of Jair Bolsonaro (PL).
A decree with rules, with a complementary provisional measure, with approvals from the sector, the Civil House and the Ministry of Economy, spent months in the former president's office, waiting for a signature.
In December, Bolsonaro let the deadline set by law expire. Meanwhile, the market expanded without regulations and evading taxes.
Experts interviewed by Folha claim that the fact created a huge market for bookmakers in Brazilian football, which nowadays even sponsor most of the Série A clubs – but which live outside the law.
Now, the government of Luiz Inácio Lula da Silva (PT) is preparing a new provisional measure (PM) for the sector, which provides for a ban on athletes from placing bets on games in which they may have some influence. The norm should be presented in the wake of ongoing investigations against football players who would have received money to perform certain actions during matches, such as being yellow or red carded and taking a penalty.
The Ministry of Finance argues that the text, which Folha had access to, establishes clear rules and guarantees a new source of revenue for public coffers. In addition, it determines that it will be up to the folder to "authorize, allow and grant, standardize, regulate, supervise and supervise the exploitation of the betting lottery."
Cesconetto leads investigations into the ‘Maximum Penalty Operation’, which targets a group that enticed players and defrauded bets on state tournaments and the Brazilian Championship. So far, 15 athletes have been denounced by the Public Ministry, which is now looking at new members of the alleged gang and the scheme to launder the money obtained.
“It is important to note that what we have so far makes it clear that we are dealing here with the exception, the minority of games, the minority of illicit conduct. We have numerous cases of players who promptly refused the proposals," he points out.
"This is not about promoting a witch hunt, saying that each and every event, each and every game that has a minimally unusual bid will necessarily become suspicious, much less criminal," he adds, emphasizing that the investigations of the Maximum Penalty fall on a specific group.
According to the investigation, the players who were enticed by the scheme and who, at times, helped to entice other colleagues to carry out what the group had hoped for —for example, receiving a yellow or red card.
In the case file, more than 50 players were mentioned in total, among which 15 have already been denounced. Four admitted guilt and entered into a non-criminal prosecution agreement with the Public Ministry.
The proposed regulation under discussion in the Lula government provides for different administrative sanctions in case the betting company commits infractions, such as advertising an unauthorized service or manipulating match results. Among the penalties is a ban on obtaining a new release for ten years and a fine of up to R$ 2 billion (US$ 407m).
If there is evidence of manipulation of results, the Ministry of Finance may determine, on a precautionary basis, the immediate suspension of betting and the withholding of payment of prizes.
The Ministry of Finance states that companies will be taxed at 16% on the so-called Gross Gaming Revenue (GGR), the revenue obtained from all games played – minus paid prizes. On the money received by the bettor will be taxed 30% of Income Tax, respecting the exemption of R$ 2,112 (US$ 430).
Still in the context of investigations against the group suspected of manipulating results, the STJD (Superior Court of Sports Justice) attorney made a request for the suspension of eight players investigated for match manipulation. The request was accepted by the body's president, Otávio Noronha, who applied the measure preventively for 30 days.
The players suspended are Eduardo Bauermann (Santos), Moraes (Aparecidense, former Juventude), Gabriel Tota (Juventude), Paulo Miranda (Náutico, former Juventude), Igor Cariús (Sport, former Cuiabá), Matheus Gomes (former Sergipe) , Fernando Neto (São Bernardo, former Operário-PR) and Kevin Lomónaco (Red Bull Bragantino).
Six of them were denounced by the MP-GO. The Justice of Goiás accepted the complaint and made them defendants. Kevin Lomónaco and Moraes made a collaboration agreement with the MP and were not denounced in the common court, but remain subject to sporting punishments.
According to the attorney general of the STJD, Ronaldo Piacente, even though there was no trial, the evidence presented by the Public Ministry is sufficient to justify the preventive hook.
The case can be framed by the Fan Statute in its article 41-D: "give or promise a patrimonial or non-pecuniary advantage in order to alter or falsify the result of a competition". The penalty can be up to six years in prison.
In the sporting sphere, the players were denounced based on the article of the CBJD (Brazilian Code of Sports Justice) that talks about "acting, deliberately, in a harmful way to the team that defends". The expected penalty is a fine of up to R$ 100,000 (US$ 20,400) and suspension of up to two years. In case of recurrence, banishment from the sport is possible.
Source: Folha
