Senator Omar Aziz (PSD-AM) submitted a request to the PGR to propose an ADPF to suspend the operation of betting houses until the regulation process of the companies is concluded. 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 to the Attorney General's Office (PGR) a request for the agency to propose a Fundamental Precept Non-Compliance Action (ADPF) with a preliminary injunction to suspend the operation of betting houses until the regulation process of the companies by the federal government is concluded.
But the law itself already allows sports betting companies to continue operating until the regulation is concluded and does not exempt them from complying with the legislation.
“Law 14.790/2023 determines that, once the regulation is concluded, the Ministry of Finance must stipulate the necessary period for adaptation. This period was set on 12/31. Meanwhile, companies can operate. From 1/1/25, only authorized companies can continue to operate”, states Caio de Souza Loureiro, partner in the Gaming & E-Sports area of TozziniFreire.
Loureiro states that, even without the conclusion of the regulation, companies must comply with the legislation especially in relation to criminal aspects. According to him, if a company commits crimes, its representatives can be held accountable.
“This is what has been happening in various cases, where those responsible for some companies and people who promote the games on the internet are being investigated for criminal practices”, explains Loureiro.
Jun Makuta, partner in the Gaming & E-Sports area of TozziniFreire, highlights that in 2025 the sports betting companies will be under monitoring and surveillance 24 hours a day, seven days a week, whether by the Ministry of Finance through the Secretariat of Prizes and Bets, the Central Bank, Coaf, TCU, the Federal Revenue, the Public Ministry, 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 by the applicable regulations”, emphasizes Makuta.
Source: GMB