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Legislation

Brazilian Federal Supreme Court (STF) STF concludes first day of public hearing on impact of online betting

Tuesday 12 de November 2024 / 12:00

2 minutos de lectura

(Brasilia).- The Federal Supreme Court (STF) heard more than 30 experts and representatives of public bodies and institutions on Monday (11) during the first day of the public hearing to discuss the impacts of online betting in Brazil.

Brazilian Federal Supreme Court (STF) STF concludes first day of public hearing on impact of online betting

At the end of the day's proceedings, Justice Luiz Fux thanked the national and foreign speakers who presented their arguments. Fux emphasised the importance of the democratic-participatory process of the public hearings convened by the STF, since the ministers do not master all the aspects addressed. The public hearing continues on Tuesday (12), from 10am to 12pm.
The case reached the Supreme Court in Direct Action of Unconstitutionality (ADI) 7721, in which the National Confederation of Trade in Goods, Services and Tourism (CNC) is asking for the Bets Law (Law 14.790/2023) to be declared unconstitutional by the STF.
When convening the hearing, Fux explained that the aim is to clarify issues associated with mental health, the neurological impacts of betting, the economic effects of the practice on commerce and its effects on the domestic economy, as well as the social consequences of this new regulatory framework.
See below for a summary of the presentations:

In the morning

Felipe De Sá Tavares, representative of the National Confederation of Trade in Goods, Services and Tourism 

The chief economist of CNC, the plaintiff in the case, defended the need to regulate online betting. For him, the decision is sensitive and should therefore be based on evidence. Among the studies presented by the CNC, he highlighted data showing the uncontrolled growth of betting in the country, with a negative impact on the consumption pattern of the Brazilian family.

Paulinho da Força, federal deputy and president of the Solidariedade party

For the parliamentarian, betting does not generate jobs or taxes in Brazil, and also sends the money that the country collects in this sector abroad. He called on the Supreme Court to stop what he called the ‘dragon’, which, if not stopped, ‘will continue to eat the money of the poorest Brazilian people’.

Leonardo Albernaz, representative of the Federal Court of Auditors 

The TCU's Secretary of Internal Control said that the body is inspecting the world of online betting, focussing on five themes: public health, the indebtedness of bettors, the risks of money laundering and other crimes, data security and tax issues relating to bookmakers. He also said that the results will be sent to the Executive Branch, the National Congress and the STF.

Cecilia Vieira de Melo Sá Leitão, representing the Attorney General's Office  (Procuradoria-Geral da República-PGR in its portuguese original)

She explained that the Federal Public Prosecutor's Office's presence at the public hearing was primarily aimed at hearing the views of all the participants, so that they could serve as technical support in drawing up the opinion that the PGR will present to the STF on the case.

Regis Anderson Dudena, representing the Ministry of Finance

The Secretary of Prizes and Betting of the Ministry of Finance believes that the Betting Law has regulated important gaps by improving legal certainty, the protection of bettors and the popular economy. Dudena explained that the secretariat has the power to regulate the issue.

Adriano Massuda and Sônia Barros, representatives of the Ministry of Health

The Secretary of Specialised Health Care advocated stricter regulation, highlighting the seriousness of the damage to mental health. The director of the Mental Health Department of the Ministry of Health showed data on the increase in bets, the amounts of money and the number of visits to health centres for people with gambling disorders. The survey shows that spending by the poorest families is 32 per cent higher than by the richest.

Clara Carolina de Sá, representative of the Ministry of Social Development and Fight against Hunger

The Ministry representative said that although it is not yet possible to clearly estimate the real impacts of betting in the country, different studies point to negative implications, such as household indebtedness and consequences for state revenue. She pointed out that easy access to betting platforms and the stimulus to consumption can lead to compulsive behaviour, worryingly affecting the most vulnerable social classes.

Gustavo Binenbojm, representative of the Brazilian Association of Radio and Television Broadcasters (Associação Brasileira de Emissoras de Rádio e Televisão - Abert in its portuguese original)

The representative of the trade association defended Law 14.790/2023 to regulate the sector, as he considered it to be in line with international standards and strict regarding the duties of bookmakers and the advertising of these services.

In the Afternoon

Ana Míria Carvalho, representative of the Ministry of Racial Equality

The deputy secretary of the Ministry showed concern about the disproportionate impact of bets on the black and brown population. She emphasised the importance of careful regulation of the issue and more research focusing on social markers such as race and gender.

Giovanni Rocco Neto, representative of the Ministry of Sport

The National Secretary for Sports Betting and Economic Development argued that actions to block illegal sites should be quick and efficient. According to him, the ministry is very concerned about the risk to the image of sport in the country. ‘Brazil's national passion, football, has to be protected, with special attention to the defence of children and adolescents,’ he said.

Luciana Leal, representing the National Treasury Attorney General's Office 

According to the administrative deputy attorney general, the law proposes commands to curb damage to the economy, personal finances and the health of Brazilians. However, its protective effect can only be assessed once the regulated market is up and running, as of January 2025.

Rafael Bezerra Ximenes de Vasconcelos, representative of the Financial Activities Control Council 

The institution's Supervision Director pointed out that the betting sector involves different risks of the activity being used for money laundering and related crimes. In his opinion, although the current law meets international standards, there is a need for rigour in monitoring transactions and reporting signs of crime to Coaf.

Leonardo Cardoso de Magalhães, representing the Federal Public Defender's Office 

The federal public defender said that the law was a step forward, but he believes it is necessary to adopt complementary measures to minimise the social consequences for the most vulnerable families. In his opinion, the debtor's patrimonial responsibility should prevail when a child's livelihood or a worker's dignity is at stake.

Daniel Corrêa Homem de Carvalho, representative of the Federal Council of the Brazilian Bar Association 

For the president of the Special Commission on Sports Gaming, Lottery and Entertainment Law, the answer to all the problems attributed to the unregulated betting system is being given appropriately by the Ministry of Finance. ‘If we turn consumers and compulsive gamblers over to illegal sites, there will be no control. Issues relating to public health, consumer finances and the integrity of sport will become even more serious,’ he said.

Hazenclever Lopes Cançado, representative of the Rio de Janeiro State Lottery (Loteria do Estado do Rio de Janeiro- Loterj in its portuguese original)

The president of Loterj said that his state's example shows that it is possible to regulate sports betting and guarantee the rights set out in the Constitution, such as human dignity, the right to health, the protection of children and adolescents and safeguarding the interests of the vulnerable population. According to Lopes, regulated betting in Rio de Janeiro has been operating for 18 months without any problems, collecting taxes and guaranteeing jobs, wealth and income.

Pablo Wosniacki and Rafael Halila Neves, representatives of the Paraná State Lottery (Lottopar in its portuguese original),

Wosniacki, an advisor to the Operational Directorate, said that the lottery market in his state is regulated and safe. For Neves, technical director of the state authority, regulation is an opportunity to educate society, and the lack of clear rules would prevent the sector from being monitored.

Juliana Nakata, representative of the National Advertising Self-Regulation Council 

Conar's executive vice-president said that the organisation has established guidelines so that gambling advertising does not convey the idea of getting rich quick, addresses the concept of responsible gambling and is not aimed at children.

Magno José Santos de Sousa, representative of the Brazilian Legal Gambling Institute 

The president of the institution said that there is an invasion of illegal websites that, operating from abroad, take advantage of the lack of regulation to exploit betting in a way that he described as ‘frivolous and criminal’.

Pietro Cardia Lorenzoni, representative of the National Association of Games and Lotteries (Associação Nacional de Jogos e Loterias - ANJL in its portuguese original)

For Lorenzoni, the regulation of the matter will respond to concerns about pathological gambling and the ban on betting by children and adolescents. He also said that regulating the sector will enable more than R$4 billion to be collected in licences, in addition to taxes.

Andreia Schroder, representative of the Women of Brazil Group

She emphasised that it is necessary to take the profile of gamblers into account when regulating the matter. In her opinion, the impact on the family budget should be considered, as 85 per cent of bettors are from classes C, D and E and many have already suffered losses.

Friar David Santos, representative of the NGO Educação e Cidadania de Afrodescendentes e Carentes (Educafro).

He said he was opposed to regulating betting, but if this happened, he defended the use of biometrics and facial recognition to prevent children and teenagers from gambling. In his opinion, 50 percent of the money collected should go to prizes, and the games should be administered by the state so that the net income goes to social programmes.

Celso Cintra Mori, representative of the Brazilian Institute for Responsible Gaming (IBJR)

He defended the validity of the Bets Law, which, according to him, enabled the Ministry of Finance to issue various regulations to keep the gaming sector legal, identify pathological gamblers and allow for their treatment, as well as curbing money laundering.

Hermano Tavares, representative of the Brazilian Psychiatry Association (ABP) and the Brazilian Association for the Study of Alcohol and Other Drugs (Abead)

The USP professor and member of the ABP's psychiatry commission said that the control mechanisms provided for in the Bet Law are insufficient to prevent pathological gambling. According to him, the gambling industry feeds excesses in betting and the illusion of control, and for this reason advertising for the sector should be banned in the media and restricted to points of sale.

Márcio Borges Malta, representative of the International Gaming Association (Aigaming)

Malta said that Brazil has between 28 and 30 million gamblers and that most of the studies on gambling compulsion are based on physical games. He advocated responsible gambling, with the identification of users, the definition of spending limits, the blocking of pathological gamblers and risk alerts.

Luís Vicente Magni De Chiara, representing the Brazilian Federation of Banks (Febraban)

The federation's legal director said that the first analyses of online betting indicate an impact on credit and an increase in defaults. According to him, the majority of punters are young people aged between 20 and 30 who spend around R$100 a month on digital betting. In addition, the main audience comes from classes C, D and E, groups with less financial education and greater difficulty in accessing credit.

Brigitte Sand, foreign expert

The consultant and former director of the Danish Gaming and Betting Authority presented the experience of regulating gambling in her country. She said that the legislation, passed unanimously by Parliament in 2010, aimed to protect gamblers and ensure that the service is provided ‘in a fair, responsible and transparent manner’. According to her, nine out of ten Danish gamblers operate in the legal market, which shows that the new regulations have been well received and that players prefer to gamble responsibly and in a regulated environment.

Carlos Hernández Rivera, foreign expert

Former director-general of Spain's gambling regulator, Rivera was in charge of the organisation when the market was regulated in his country. In his view, regulating gambling, both in person and online, is the best way to protect society and the economy from the adverse effects of the activity. According to him, Spanish legislation seeks to prevent possible pathological behaviour, especially among vulnerable groups, as well as prohibiting activities such as money laundering and terrorism.

João Francisco de Aguiar Coelho, representative of the Alana Institute

The representative explained that the organisation defends the rights of children and adolescents, who are the most affected by the proliferation of online gambling. Because they are developing people, children and adolescents are more susceptible to the damage caused by gambling, as they don't have the brain capacity to respond to the stimuli of games and addictions like adults.

Andrea Magalhães, from the Economic Regulation Laboratory at the Law Faculty of the State University of Rio de Janeiro (UERJ)

The researcher emphasised that control of these activities could be rendered unfeasible if regulation is delayed. According to her, online gambling generates social, economic and mental damage that has already been proven, and the evaluation of regulatory strategies needs to be demanded and constantly updated.

Isadora Valadares Assunção and Pedro Henrique Figueiredo, from USP's New Technologies and Disruptive Business Models Law Laboratory (NPD TechLab)

The researcher said that online betting platforms use obscure digital strategies that, instead of informing, manipulate and confuse consumers, leading them to make decisions they wouldn't make if they had all the information. For his part, Figueiredo said that the platforms hide information about how the games work, with instructions in other tabs, information overload on the screens and explanatory videos in other languages.

Categoría:Legislation

Tags: Sin tags

País: Brazil

Región: South America

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