The scandals, which led to some players being banned from the pitch, shed light on so-called compliance. The term, which comes from English, means to comply with current regulations.
Common in the business world, programs that establish this type of internal control have gained ground in football. The pioneer among the sport's clubs in Latin America was Coritiba, in 2016. At the beginning of the year, four associations - Atlético-MG, Athletico-PR, São Paulo and Vasco da Gama - founded the Movement for Integrity in Football.
“A company that has an integrity program determines the values and conduct expected of its employees. Knowing that every company explores a commercial activity and that there are risks in this exploration, these are values that can affect [this activity]. In the club environment, one of the risks is precisely that of involvement in betting,” said Luciana Silveira, director of compliance at Neoway, a company that works with big data analysis and compliance solutions and which has São Paulo as one of its clients.
“Collusion between a gambler and a betting fraudster is a risk. How can I reduce the likelihood of this happening or its impact if it does? This is where the compliance program and any tools to adjust the management of this risk come in. Know what the bets are, who the people at the club are, who the partners are, as in any company. Compliance at the club, and also in the corporate environment, plays an important educational role,” added Luciana.
The exposure of cases of manipulation in games in Series A and B of the Brazilian Championship, in addition to matches in state tournaments, raised alarm in clubs. At Vasco, for example, according to Clarissa Arteiro, Vasco's compliance coordinator, in addition to the professional group, base athletes were also advised regarding the risks of involvement in this type of fraud.
“This has always been a concern for Vasco, and with the publication of the investigations, we believe it is essential to talk to athletes and employees. [With the basis] we started the talk with the clarification that minors under 18 years of age cannot bet, due to legal prohibition, and those who are older should be cautious on betting sites and applications, advised not to bet on football games, in addition to recommending their family and friends in this regard, even in matches that do not involve Vasco,” explained Clarissa.
“There was also a presentation on the punishments provided for by law and in the regulations of federations and CBF, in addition to raising awareness about the damage, not only financial, but to the reputation and image of the athlete and Vasco. The club has opened a space for athletes to communicate possible capture proposals for result manipulation so that Vasco can forward complaints and collaborate with public authorities,” added the coordinator.
The General Sports Law (14,597/2023), sanctioned by President Luiz Inácio Lula da Silva on June 14, considers, in the second article, transparency (administrative and financial) and morality, elements of compliance programs, as “fundamental principles.” Article nine, in turn, talks about “preventing and combating practices that undermine sporting integrity and sporting results.” Articles 198 to 200 deal with “Crimes against the Uncertainty of Sports Result”, with a penalty of two to six years in prison, in addition to a fine.
“If you take large companies, with revenue, notoriety or importance in society similar to some football clubs, they all have a compliance department, as these are proven tools that help with sustainability,” concluded Luciana, from Neoway, highlighting that even teams of lesser importance and financial power, without a budget dedicated exclusively to a department like this, can act in a simple, but preventive way.
Punishments and regulation
The revelations of Operation Maximum Penalty led the Superior Court of Sports Justice (STJD) to punish 11 athletes for involvement in fraudulent bets. Three of them - goalkeeper Matheus Phillipe, midfielder Gabriel Tota and striker Ygor Catatau - were banned and the others were banned for a set period of time, ranging from 360 to 720 days. On September 11th, the International Football Federation (FIFA) announced that the sanctions began to have worldwide effect.
The text of the betting regulations, approved by the Chamber, provides that companies in the sector will keep 82% of gross revenue (excluding payment of prizes and income tax) and no longer 95%, as provided for in Law 13,756/2018, which created the market. In comparison with Provisional Measure 1,182/2023, published by the federal government in July, the percentage allocated to Social Security fell from 10% to 2%, while there was an increase in the distribution for Education (1.82%) and sport (6.63 %) and the inclusion of transfer of resources for Tourism (5%).
The bettor, in turn, will pay 30% in taxes on the portion of the prize that exceeds the exemption range (R$ 2,212). The federal government's estimate is to raise, in 2024, at least R$700 million with the regulation.
Source: EBC
