MAR 22 DE OCTUBRE DE 2024 - 13:26hs.
Opinion of lawyers Gustavo Biglia and Luiz Felipe Attié

Repealing the sports betting law will cause legal uncertainty and affect the industry and users

The President of Brazil, Luiz Inácio Lula da Silva, stated that he will 'put an end' to betting sites if the regulation of the so-called ‘ Bets’ is not successful. However, the measure may create legal uncertainty, which could impact the industry and consumers, point out experts who work in the sector.

"If Law 14,790 is revoked, it will show that the Federal Government does not have the capacity to monitor the betting house market," highlights Gustavo Biglia, partner at Ambiel Advogados, who specializes in Corporate Law and Sports Betting Regulation.

In the same vein, Luiz Felipe Attié, a specialist in Business Law and a lawyer specializing in "Means of Payment" at Barcellos Tucunduva Advogados (BTLAW), understands that President Lula's speech about ending betting is not technical and is a statement to pressure the sector.

"It is a statement that is more about putting pressure on current betting companies to comply with the regulations than a technical statement per se. The regulations within the Ministry of Finance were introduced during his government and he cannot simply end betting," he argues.

But if the decision is to repeal it, Biglia explains that Lula can submit a bill to the legislature to revoke the existing legislation. "If approved, the law will be repealed. Depending on the president's powers, he can issue a decree suspending the application of the law or changing its guidelines, but this must respect legal limits."

In addition to this measure, the president may instruct regulatory agencies or competent bodies to review or amend the ordinances related to the law, adjusting its practical application. "As a last resort, if he finds legal grounds, the government may file a lawsuit to challenge the application of the law," adds Biglia.

To date, more than 2,000 betting sites that did not request authorization from the Ministry of Finance have gone offline. To identify these platforms, the Prizes and Betting Department of the Ministry of Finance monitored websites and social networks, managing to locate the suspicious domains, which were sent to the National Telecommunications Agency (Anatel) for blocking access throughout Brazil.

Source: GMB