The Superior Electoral Court (TSE) has established rules to clarify that betting on the 2024 municipal elections is prohibited. Bets were being offered on the victory of specific mayoral candidates in various cities across the country. The resolution was unanimously approved in the session on Tuesday (17), and goes against the global market trend, where the practice is quite common.
Gaming companies allowed bets on who would be the next mayor of capitals such as São Paulo, Rio, Manaus, Porto Alegre, Salvador, and Belo Horizonte. At least seven sites had been exploiting betting services on the 2024 municipal elections. In the vast majority of countries where online betting is allowed, major betting houses offer this market.
This type of betting has no specific legal provision in Brazil. The Ministry of Finance stated that they cannot be understood as legalized or in the process of regulation. On Friday (13), at least three of the seven no longer offered the service.
In December 2023, the National Congress approved the bill that regulates the sector. The fixed quota betting lottery is a system that includes virtual online gaming events – such as "tigrinho" – and real sports events, such as football matches.
The case was reported by Minister Cármen Lúcia, who presides over the Superior Electoral Court. The measure was praised by Minister André Mendonça. Experts pointed out that there was no legal provision prohibiting the practice. Now, with the TSE resolution, this type of betting becomes an electoral offense.
For lawyer Marilda Silveira, a specialist in electoral law, the TSE did well to prohibit the practice. “The court was correct in associating this practice with economic power abuse, because it is a way to use resources to give greater or lesser visibility to a particular candidate, associating it with a potential chance of victory”, she stated.
For Wesley Araújo, from the Brazilian Academy of Electoral and Political Law (Abradep), the new resolution “is a crucial measure to preserve the integrity of the election. This resolution is an important step to ensure that the elections occur without external interferences and with total equity among candidates and parties”.
Meanwhile, lawyer Fabrício Medeiros stated that he understands the reasons of the TSE, but argues that the measure could not be imposed through a resolution. “Although I understand the TSE's concern regarding the issue, I am worried about the creation of this prohibition through merely a regulatory act, and not through law, i.e., a normative act produced by the Legislative Power”, he said.
Source: Valor
