MAR 26 DE NOVIEMBRE DE 2024 - 09:23hs.
Roberto Brasil Fernandes, lawyer

“Sports betting can be regulated without legislative changes or waiting for CPI results”

GMB received during recent BiS SiGMA the visit of gaming and lotteries specialist Roberto Brasil Fernandes. The lawyer has participated in the debates about regulation and will defend, at the CPI-FUTE, that it comes without legislative changes or waiting for results from the Commission. About the manipulation of results, he was categorical: “The world has already solved this with regulation and Brazil has to do the same.”

GMB – What is your assessment of the current situation of lotteries in Brazil, especially now that movement around sports betting operations has begun in some states?
Roberto Brasil Fernandes
– First I want to highlight the joy and pride of having BiS SiGMA in Brazilian territory. We participate in many fairs of this magnitude just outside Brazil. Full legal security for the states to establish their own lottery and be able to explore the lottery modalities established by federal law and create products. The business sector develops lottery products in the most diverse ways, such as fixed-quota bets and electronic systems such as video lotteries. So, it's a very important market that creates opportunities and generates events like the BiS SiGMA.

We have Loteria da Paraíba with private operation, two companies qualifying in Loterj and Loteria Mineira, which operates very strongly. That is, does the market have a lot to grow, since we are talking about just three states?
There are 27 units of the federation plus the Union, which comes with the regulation of sports betting and the future Lotex. I defended the Paraíba Lottery in 2005 and later argued the invalidity of Decree 204/1967, which prevented states from opening their lotteries. Together with Loterj and Able, we achieved legal status. Now, it is up to the business sector to make the right investments, adapt to the legislation and comply with the formal requirements to take advantage of this market. The lottery, unlike other games, is obligatorily aimed at social demands. So this dynamic must be understood by businessmen, remembering that the citizen always wins. Either for the prize or by contributing to a social action. As for other games, such as casinos, I am sure they will be legalized, once approved in the Chamber of Deputies, it is in the Senate. So, expectations for the future are very good.

As for the regulation of sports betting, do you believe it will only happen after the end of the CPI that investigates match-fixing in football?
I confess that no one has that answer. However, the government has an obligation to regulate this matter, whose law was approved in 2018 and the deadline ended in December last year. It is inevitable that it will, but the government is concerned about some requirements that are lacking in the legislation itself. The legislative process takes some time, as there are several nuances and variables that do not allow us to say that it will be next week or next month.
In any case and by all indications, especially in light of a minister's speech saying the importance of regulating this market and the government's desire, both for sports betting and other modalities. Minister Fernando Haddad made this statement and this encourages us that in a short time we will have this regulated market. I understand that the sports betting legislation is very good and sufficient to regulate itself at this time. I see no need for legislative changes for this. It is possible to regulate without any alteration, because later the law will change, since there is no perfect law. So we hope that sports betting is now regulated without conditioning legislative changes or waiting for results from the CPI on match-fixing.
We are aware of the risks to the integrity of results, especially in football. What is the protection for games in order to ensure unpredictability? It is having the market regulated. We have an environment of intense betting, but we don't have the regulation of the sites. Bearing in mind that sports betting houses are the first victims of possible distortions and the main victim is the sport itself. The world has already resolved the integrity of sport by regulating the activity, and Brazil has to do the same.

Have you been participating in these discussions?
Yes, as you know, I was already at the public hearing that debated the issue in the Chamber of Deputies and I defended the idea of regulation without considering legislative changes. Now, I'm participating in the CPI-FUTE, where I was nominated to speak by the Brazilian Bar Association and I will also position myself in this way. That is, the OAB defends the regulation of Law 13.756/2018 as it stands so that Brazil can reap all the benefits of this business.

Source: Exclusive GMB