VIE 22 DE NOVIEMBRE DE 2024 - 03:06hs.
At the end of STF hearing

Minister Luiz Fux says that regulation is a condition for the continuity of the ‘Bets’

At the end of the public hearing that discussed the ‘Bets’ Law at the Federal Supreme Court (STF), Minister Luiz Fux stated that he will evaluate the existing regulation and its implementation. He is the rapporteur of lawsuits that question the constitutionality of the current law and presided over the two-day meeting at the Court, which brought together more than 50 experts, including operators, football clubs and regulators, among others.

In his assessment of the two days of discussions, he noted that speeches heavily focused on the issue of regulations and related ordinances. Some panelists defended the existing legal framework, calling it modern and efficient.

Others, such as football clubs, emphasized that they view the activity as lawful and transparent, and that they rely on it for the “survival of football” as it exists today. Naturally, some opponents reiterated concerns about the lack of regulations and the inadequacy of those in place.

“Either way, the need for regulation became very clear. You cannot continue in this activity without regulation. That's what I will be evaluating,” the minister told journalists. Fux stated that there is still no specific timeline for the assessment of regulations.

The minister mentioned that the new action against the Betting Law filed by the Office of the Attorney General (PGR) on Monday (11) has become another related case with additional arguments.

“I believe the central point now, based on a more in-depth examination, is this regulatory issue and the analysis of all the consequences of gambling, which were highlighted here. This needs to be carefully analyzed in light of the accuracy of the data presented [during the public hearing].”

The ‘Bets’ Law (Law 14,799/2023), under review by the Supreme Federal Court (STF), regulated Law 13,756/2018, which legalized fixed-odds betting in Brazil. Since the 2023 law, the Ministry of Finance has been granted the authority to regulate the fixed-odds betting sector, creating the Secretariat for Prizes and Bets (SPA) in 2024.

Thus, the Ministry of Finance has been issuing ordinances outlining operational criteria for betting companies, such as the collection of funds for social allocations, restrictions on abusive advertising, and certification requirements.

Regulations covering monitoring, supervision, and penalties for abusive advertising, as well as the rights and responsibilities of bettors and betting companies, will take effect on January 1, 2025.

Legal actions

Legal actions against the ‘Bets’ Law have been filed by the National Confederation of Commerce (CNC), the Solidariedade party, and, on Monday (11), by the PGR. The concerns are similar: family indebtedness and the risk of compulsive gambling behavior.

The ‘Bets’ Law was approved by Congress and sanctioned by President Lula. It covers virtual and physical betting, real sports events, online games, and virtual gaming events.

The law outlines taxation criteria, notably a direct 12% tax on Gross Gaming Revenue (GGR) from the activity, in addition to other taxes applicable to any economic activity. Law 14,799 also sets a licensing fee of R$30 million, valid for five years, covering up to three betting brands.

Additionally, it establishes rules for the provision of betting services, specifies revenue distribution, sets penalties, and outlines the Ministry of Finance’s responsibilities for regulation, authorization, monitoring, and oversight, as well as the Ministry of Sports' role in combating match-fixing.

Source: GMB / Valor