The President of the Republic, Luiz Inácio Lula da Silva, stated that he will 'end' betting sites if the regulation of bets does not succeed. However, this measure may create legal uncertainty, potentially impacting the industry and consumers, according to experts in the field.
"If Law 14.790 is repealed, it will show that the Federal Government is incapable of overseeing the betting house market", highlights Gustavo Biglia, partner at Ambiel Lawyers, specialist in Corporate Law and Regulation of Sports Betting.
Similarly, the specialist in Business Law and "Payment Methods" lawyer at Barcellos Tucunduva Lawyers (BTLAW), Luiz Felipe Attié, believes that President Lula's statement about ending betting is not technical and is rather a statement to pressure the sector.
“It is a statement that aims more at pressuring the current betting companies to comply with the regulation rather than being a technical statement itself. The regulation within the Ministry of Finance originated during his government, and he cannot simply end betting”, he argues.
But if the decision is for repeal, Biglia explains that Lula could send a bill to the legislature to repeal the existing legislation. "If approved, the law will be repealed. Depending on the president's powers, he may issue a decree that suspends the application of the law or changes its guidelines, but this must respect legal limits".
In addition to this measure, the president can direct regulatory agencies or competent bodies to review or amend the orders related to the law, adjusting its practical application. "As a last resort, if he finds legal grounds, the government can file a lawsuit to contest the application of the law", Biglia adds.
So far, more than 2000 bets that did not request authorization from the Ministry of Finance have been taken down. To identify these platforms, the Secretariat of Prizes and Bets of the Ministry of Finance conducted a monitoring of websites and social networks, managing to locate the suspicious domains, which were sent to the National Telecommunications Agency (Anatel) for access blocking throughout Brazil.
Source: GMB
