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Legalization of betting houses in Brazil: recent developments and current challenges
Segunda-feira, 25 Novembro de 2024 - 17:32 | Redação
In recent years, Brazil has undergone significant changes in the regulation of sports betting and gambling, aiming to create a structured and secure environment for both operators and consumers. This shift began in December 2018 with the enactment of Law No. 13,756, which authorized fixed-odds sports betting in the country. However, the lack of comprehensive regulation left the market in a legal gray area, prompting further legislative action.
In July 2023, the Brazilian government took a decisive step by publishing Provisional Measure No. 1,182/2023, aiming to regulate the sports betting market. This measure outlined the framework for licensing, taxation, and operational guidelines for betting companies, marking a significant move towards formalizing the industry.
Subsequently, in May 2024, the Ministry of Finance issued a portaria detailing the requirements for betting companies to obtain authorization to operate in Brazil. These requirements included demonstrating legal standing, fiscal and labor compliance, financial capacity, and technical qualifications. Companies were given until the end of 2024 to comply, with operations without authorization subject to penalties starting January 2025.
By August 2024, the Ministry of Finance had received 113 authorization requests from 108 companies seeking to operate in Brazil. Each authorized company is required to pay R$30 million for a five-year license, allowing them to operate up to three brands. This move is expected to generate significant revenue for the government and bring the previously unregulated market under official oversight.
In October 2024, the Ministry of Finance published a list of betting companies authorized to operate in Brazil, providing transparency and assurance to consumers about the legitimacy of these platforms. This list is part of the government's efforts to ensure that only compliant companies operate within the country, thereby protecting consumers and maintaining market integrity.
Despite these advancements, challenges remain. In November 2024, the Attorney General's Office (PGR) filed a request with the Supreme Federal Court (STF) to declare the laws and portarias permitting the operation of online betting sites unconstitutional. The PGR argued that existing legislation does not adequately protect consumers from the predatory nature of the virtual betting market.
Additionally, concerns about gambling addiction have prompted the government to take further action. Reports indicate a rise in gambling-related issues among Brazilians, leading authorities to block over 2,000 irregular gambling websites in October 2024. This initiative aims to curb unauthorized operations and protect vulnerable populations from the risks associated with unregulated gambling.
The government's regulatory framework includes measures to prevent money laundering, fraud, and abusive advertising practices. Starting January 2025, authorized companies will be required to pay a substantial fee and adhere to strict federal requirements to continue operations. These measures are designed to create a safer and more transparent betting environment in Brazil.
In summary, Brazil's journey towards the legalization and regulation of sports betting has been marked by significant legislative and regulatory developments. While progress has been made in establishing a structured market, ongoing challenges such as legal disputes and concerns over gambling addiction highlight the need for continuous oversight and adaptation of policies to ensure the well-being of consumers and the integrity of the betting industry.
Daiane de Souza | 0007147/SC