Without consensus, the Senate postpones the project to free casinos, bingos and gambling in Brazil until 2025

Presented in 1991 by the then federal deputy Renato Vianna, the bill was approved by the Chamber of Deputies more than 30 years later, in 2022. Sent to the Senate, the bill was approved by the Constitution and Justice Commission (CCJ) in June 2024 by a narrow margin: 14 votes in favour and 12 against.

The proposal, which was discussed yesterday in the Senate, was withdrawn from the agenda at the request of the rapporteur, Irajá (PSD-TO), after a wide-ranging debate among senators on the progress of the bill. According to Senate President Rodrigo Pacheco, with this decision, the proposal will only be voted on next year.

The text puts an end to a ban that has been in place for almost 80 years, a 1946 law that prohibits the operation of gambling throughout the country. The proposal also repeals parts of the Criminal Offences Act, which establishes penalties for the practice.

Pacheco added that the bill will await responses from the Ministry of Health and the Ministry of Development and Social Assistance, Family and Fight against Hunger, which are due within 30 days. 

Presented by Senator Flávio Arns (PSB-PR), the request asks for ‘projection data on the specific effects of the proposal on the services of psychiatrists, psychologists and social workers of the public network for the treatment of gambling addiction problems’. As the request for urgency was not approved, the submitted amendments will have to be analysed by the Committee on Constitution and Justice (CCJ) under the management of the next Governing Council and the new president of the collegiate body.

According to the draft law, the Ministry of Finance will be in charge of defining the licensing, inspection and operating authorisation processes. The government will also be able to create a regulatory agency.

The proposal approved by the CCJ authorises the practice and operation in Brazil of:

- casino games

- bingo games

- video bingo games

- online gaming

- gambling

- horse betting

What does the bill say?

Casinos: Among other points, the draft law authorises the installation of casinos in resorts or integrated leisure complexes, such as resorts and high-end hotels. Casinos may also be installed on maritime vessels (limited to ten in the country) and on river vessels with at least 50 rooms, with the distribution of casinos on vessels being proportional to the length of the rivers. Each state and the Federal District will be allowed to have one casino, with exceptions for São Paulo (up to three) and Minas Gerais, Rio de Janeiro, Amazonas and Pará (up to two, due to the size of their population or territory).

Bingo: The bill also addresses the game of bingo, allowing its permanent exploration in specific locations, including modalities such as cardboard, electronic and video bingo. Each municipality will be allowed to have a bingo hall, with the possibility of one establishment per 150,000 inhabitants in large cities.

Betting machines: The rental of betting machines will have to be registered with the public authorities and be subject to regular audits. Revenue sharing from gambling machines will be 40 per cent for the rental company and 60 per cent for the bingo or casino establishment, based on the difference between the total number of bets placed and the prizes paid out. 

Horses: Betting on horse racing may be operated by horseracing organisations accredited by the Ministry of Agriculture. The same organisations may be accredited simultaneously to operate bingo and video bingo games, provided they are held at the same venue as horse racing.

Taxation: Two new taxes are also planned for gambling operators: the Tax for the Inspection of Games and Betting (Tafija) and the Contribution for Intervention in the Economic Sphere on the commercialisation of games and betting (Cide-Jogos). Bookmakers will be exempt from other taxes and contribution.