Known as the Legal Framework for Games, bill 2796/21 currently being discussed in the Senate, seeks to bring recognition to the electronic games sector in general. The project is authored by federal deputy Kim Kataguiri (União-SP), one of the most engaged parliamentarians in generating opportunities for young people.
After intense debate with segments of the sector and civil society, the proposal – which was unanimously approved by the Chamber of Deputies – was approved by the Economic Affairs Committee of the Federal Senate. The next step for this very important commitment for Brazil's economic development is for the text to pass through the Plenary of the Federal Senate and then proceed to presidential sanction.
Recently, a group, in isolation, was critical and went so far as to argue that the Legal Framework for Gaming would be a setback. And obvious mistake.
First, it should be noted that there is no type of involution in the project. Now, let's get to the scenario: Brazil is the largest gaming market in Latin America, having moved R$ 12 billion last year. According to the consultancy Newzoo, the industry should move more than US$ 200 billion in 2023.
The expectation of growth is huge. However, today we live in a country that, without regulation of its actions, is experiencing a scenario of absolute insecurity and disorder, which is unacceptable in a sector as young and promising as games and electronic games.
Brazil is mature enough not to have legal certainty and regulation in the sector, especially when compared to the international scenario.
The industry is new, the laws old-fashioned. We need to invite the public sector and organized civil society to reflect deeply on the laws that govern the country regarding electronic games. There is an urgent need for a deep and qualified debate aimed at public policies for the digital world.
The Legal Framework for Games brings decisive advances, especially in a scenario where there are (bad) intentions to deceive and confuse, bringing more cloudiness than clarification. Gaming, in their most diverse modalities, such as eSports and fantasy, are games of pure skill, a lot of strategy and logical reasoning. Any narrative that leaves this delimitation dares to flirt with the intelligentsia of society and the gaming sector.
So far, we have participated in a largely democratic scenario with the participation of segments seeking to exalt electronic games and all their nuances – such as income generation, opportunities for young people and commitment to the healthy use of the internet. Important advance.
The fundamental basis of the project underway at Casa do Povo is to ensure that electronic games are tools for therapeutic, educational and training purposes (such as driving vehicles). This guideline reinforces the socio-cultural role of games and our universal commitment to well-being and social interaction.
In addition, it is necessary to be engaged with the training of qualified labor in Brazil, such as the creation of technical courses, programming workshops for young people and incentives for research. The responsibility for the future of young people is ours!
It should be noted that the project also encourages the game development industry with the benefits of the Good Law – Law 11,196 of 2005, which establishes a waiver of part of the federal tax collection on activities of private companies that prove to have invested in technological innovation.
The text that is currently being discussed in the Federal Senate also establishes the application to game developers of the benefits of the Information Technology Law (number 8.248/91), which seeks to stimulate competition and technical training of Brazilian companies. We, as citizens, need to encourage investments in innovation in the technology sector, granting financial credits is one of the possible ways.
Now, is investing in education and in the development of young people and the national industry negative? Sorry for those who are against the project, but I can't see it that way. Countries that lead the world economy today invest massively in training new generations of citizens and in technology development.
The project also addresses the State's social concerns, as it should be. He predicts that it is up to the Government to establish the indicative age range for each game, as it happens in several other cultural activities, such as cinema, theater and musical shows.
There have to be limits. Limits, by the way, are appropriate and do not stifle the industry. Bill 2796/21 determines that the development of activities related to the games sector is free and independent of state authorization, in perfect line with what is expected of a country that supports free enterprise.
Ideological whims cannot prevent the advancement of such an important milestone for the sector, especially as it satisfactorily contemplates the industry's aspirations.
Refuting the proposal of the Legal Framework for Games means being uncommitted to advancing the social and economic development of youth. The commitment here is to invest in the potential of this part of the population and in their training, in addition to fostering the growth of the Brazilian technology industry. Who in their right mind, living in an underdeveloped country, is going to oppose this? Categorically, no one.
It's time to join forces and focus on actions for the development of our country, so stunned by mistaken and individualized narratives.
The Legal Framework for Games is my commitment, yours and ours. Our future generations will thank us. More than ever, it's time to think about the whole, to think collectively.
Rafael Archetti Marcondes
Professor of Sports, Entertainment and Tax Law. Doctor and Master in Tax Law from PUC/SP. MBA in sports management by ISDE in Barcelona/ES. MBA in sports betting management from the University of Ohio/USA. Chief Legal Officer at Rei do Pitaco. President of the Brazilian Association of Fantasy Sport (ABFS). Legal director of the Brazilian Institute for Responsible Gaming (IBJR). Director of Government Relations of the Brazilian Association for the Defense of the Integrity of Sport (ABRADIE).
Source: Lei em Campo
