After concluding the public hearing that discussed the Bets Law at the Supreme Federal Court (STF), Minister Luiz Fux stated that he will evaluate the existing regulations and their implementation. He is the rapporteur for actions challenging the constitutionality of the current law and chaired the two-day meeting at the Court, which brought together more than 50 experts, including associations of operators, football clubs, and regulators, among others.
In his summary of the two days of discussion, he mentioned that the issue of ordinances and other regulations on the subject weighed heavily in the speeches. Some panelists defended the existing legal framework, stating that they are modern and efficient. Others, such as football clubs, emphasized that they see the activity as lawful and transparent and that they depend on it for the "survival of football" in today's terms. Obviously, some opponents of the activity again pointed out the lack of norms and the inadequacy of the existing ones.
“Anyway, this issue of regulation became very clear. Without regulation, one cannot remain in this activity. And that is what I am going to evaluate,” the minister told journalists. Fux stated that there is still no specific deadline for the evaluation of the regulation.
The minister mentioned that the new action against the Bets Law filed on Monday (11) by the Attorney General's Office (PGR) has become yet another connected action with additional arguments.
“I think the central point now, based on a deeper examination, is this issue of regulation and the analysis of all the consequences that gambling causes, which were highlighted here. This needs to be analyzed very carefully in light of the precision of the data that were offered [during the public hearing].”
The Bets Law (Law 14.7990/2023), challenged at the STF, regulated Law 13.756/2018, which legalized fixed-odds betting in Brazil. Since the 2023 law, the Ministry of Finance has been given the authority to regulate the fixed-odds betting sector and created, in 2024, the Secretariat of Prizes and Bets (SPA).
Thus, the Ministry of Finance has been issuing ordinances with criteria for the operation of bets such as the collection of values for social purposes, abusive advertising, and certification.
The rules for supervision, monitoring, and sanctioning of abusive advertising, rights and duties of bettors and betting companies will come into effect from January 1, 2025.
Actions
The actions against the Bets Law were filed by the National Confederation of Commerce (CNC), the Solidarity party, and on this Monday (11), by the PGR. The concerns are similar: family indebtedness and the risk of compulsive behavior by gamblers.
The Bets Law was approved by Congress and sanctioned by President Lula. It covers virtual bets, physical bets, real sports events, online games, and virtual events of online games.
The law establishes criteria for taxation, especially the direct tax of 12% of the GGR on the activity, in addition to all other taxes inherent to any economic activity. Law 14.790 also stipulates the concession fee of R$ 30 million, valid for five years, for up to three betting brands.
Moreover, it defines the norms for the exploitation of the service. It also stipulates the distribution of the revenue collected, sets sanctions, and establishes the competencies of the Ministry of Finance in the regulation, authorization, monitoring, and supervision of the activity, as well as the Ministry of Sports in combating the manipulation of results.
Source: GMB / Valor
