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BRAZIL: Chamber Approves Bill Regulating Online Betting

 
Known as the "betting project," the Chamber of Deputies has greenlit the bill (PL 3626/23) regulating online sports betting in Brazil. This legislation, now heading for presidential sanction, imposes taxes on both companies and bettors, establishes rules for operating the service, and determines revenue distribution, among other key points. The project now moves to the presidential sanction phase.
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The government's expectation is to increase revenue through the regulation of this proposal, contributing to the goal of achieving a zero deficit.

Plenary Discussion:

The bill faced obstruction from deputies of the evangelical bloc. According to Deputy Eli Borges (PL-TO), the evaluation of the Evangelical Parliamentary Front is that gambling regulation may cause more harm to society than the expected revenue. "We are taking another step to involve young people and Brazilian citizens in unprecedented gambling," he criticized.

Chamber President Arthur Lira responded to Eli Borges' criticisms, emphasizing that the proposal had already been approved by deputies in September and by the Senate. Lira pointed out that the absence of physical games and the postponement of the vote do not prevent online gaming but encourage a lack of control and money laundering. "If we simply do not vote on the regulation, will games cease to exist? Will people stop playing, and bets stop functioning and sponsoring teams, events, and tournaments? No!" Lira emphasized.

He stated that gaming platforms already exist and need regulation to avoid, for example, money laundering.

Rapporteur of the Proposal:
Adolfo Viana (PSDB-BA), the rapporteur of the proposal, highlighted the need for Brazil to take responsibility for regulating online betting, already a reality nationwide. He reported that, at the request of the evangelical group, any mention of physical games was excluded from the proposal. "We want a law that definitively establishes that these betting sites will be supervised and taxed by the country. If we do not approve the project, games will continue to take place without supervision," he affirmed.

Approval of Virtual Bets:
The proposal reinstated authorization for bets on virtual events of online gaming, known as online casinos, which had been removed from the text by senators. Evangelical deputies allied with the opposition attempted to eliminate this provision during the highlighted vote but were defeated with 261 votes in favor and 120 against.

The rapporteur of the proposal stated that the exclusion of online games "would put an end to the project." Sóstenes Cavalcante (PL-RJ) evaluated that the measure circumvents the prohibition of bingo and casinos in force since 2004 by allowing virtual gaming. "Bets are bets on a match between Flamengo and Vasco, which makes sense. In bingo, the only winner is the house," he said.

Revenue Distribution:
The text determines the payment of 2% of the Contribution to Social Security on the revenue product. The resources will be distributed among education (1.82%), sports (6.63%), and tourism (5%). Companies can retain 88% of gross income for expenses, and the remaining 12% will be divided among education, public security, sports, and other areas.

Income Tax:
The proposal establishes a 15% tax on Personal Income Tax (IRPF) on the net value of prizes obtained. Companies will be taxed at 12%.

Betting Companies:
Bets will be operated by companies authorized by the Ministry of Finance, with headquarters and administration in the national territory. They must demonstrate experience in games and comply with technical requirements set by the Executive. Additionally, companies must have a Brazilian member owning at least 20% of the social capital on their board.

Regulations to Prevent Frauds:
The project obliges companies to adopt practices to assist players, combat money laundering, promote responsible gaming, and prevent fraud and manipulation of bets. It authorizes the suspension of payments for bets investigated for result manipulation and requires companies to verify the identity of bettors using facial recognition technology.

Banned Players:
Players under 18 years old, those diagnosed with gambling disorders, those with influence over sports events or the gaming platform, and sports directors, coaches, referees, agents, and athletes will be prohibited from playing.

Responsible Advertising:

Communication and advertising actions of betting lotteries must include warnings discouraging gambling and cautioning about its harm. Advertising portraying gambling as socially attractive or containing statements from well-known personalities suggesting that gambling contributes to social or personal success will be prohibited.

Source: Câmara de Notícias Agency
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