LUN 25 DE NOVIEMBRE DE 2024 - 00:48hs.
Caio de Souza Loureiro and Jun Makuta, partners

TozziniFreire: Current law doesn't exempt ‘Bets’ from complying with legislation on criminal aspects

Brazilian Senator Omar Aziz filed a request with the PGR for the agency to propose an ADPF to suspend the operation of betting houses until the companies' regulatory process is completed. According to Caio de Souza Loureiro and Jan Makuta, partners in the Gaming & E-Sports area of ??TozziniFreire, the current law does not exempt Bets from complying with legislation regarding criminal aspects.

Senator Omar Aziz (PSD-AM) submitted a request to the Attorney General's Office (PGR) for the agency to file a Fundamental Precept Non-Compliance Action (ADPF) with a preliminary request to suspend the operation of betting houses until the federal government completes the regulation process for the companies.

But the law itself already allows sports betting companies to continue operating until the regulation is completed and does not exempt them from complying with the legislation.

“Law 14.790/2023 determines that, once the regulation is completed, the Ministry of Finance must stipulate the necessary deadline for adaptation. This deadline was set at 12/31. In the meantime, companies can operate. As of 1/1/25, only authorized companies can continue to operate,” says Caio de Souza Loureiro, partner in the Gaming & E-Sports area at TozziniFreire.

Loureiro states that, even without the completion of the regulation, companies must comply with the legislation, especially regarding criminal aspects. According to him, if the company commits crimes, its representatives may be held liable.

“This is what has been happening in several cases, in which those responsible for some companies and people who promote games on the internet are being investigated for committing crimes,” explains Loureiro.

Jun Makuta, partner in the Gaming & E-Sports area at TozziniFreire, highlights that in 2025, sports betting companies will be under monitoring and supervision 24 hours a day, seven days a week, whether by the Ministry of Finance through the Prizes and Betting Secretariat, the Central Bank, Coaf, TCU, the Federal Revenue Service, the Public Prosecutor's Office and other private entities monitoring the activities of bettors and betting houses.

“Sports betting will be one of the sectors of the economy that will have one of the highest or perhaps the highest level of scrutiny by federal authorities due to the control mechanisms provided for by the applicable regulations,” emphasizes Makuta.

Source: GMB