The Federal Supreme Court (STF) concluded, on the morning of this Tuesday (12), the public hearing that discussed the impacts of bets in Brazil. Over two days, national and international experts, researchers, and representatives from public agencies, civil society organizations, and football clubs presented technical information and different viewpoints on the matter. Now, it is up to the reporting Justice, Luiz Fux, to understand the dynamics of the law and regulations.
At the end of the meeting, Luiz Fux highlighted that the decision to be made by the STF will take into account the consideration of all values debated over the two days. He said he was very impressed with the different aspects presented by the speakers and noted that, once activated, the Judiciary is obliged to provide a solution.
“We were prompted to decide on a matter about which we have no expertise, hence the need to hear from the specialized society through a public hearing”, he emphasized.
See below the summary of what was said this Tuesday (12):
Terence Zveiter and Paulo Sérgio Feuz, representatives of the National Academy of Sports Law (ANDD)
For the entity, the law represents a “promising future” for Brazil in terms of revenue, and the problems generated by bets are small compared to the good that this revenue will provide. According to them, the main concern of the ANDD is regarding the manipulation of game results, and, therefore, they defended regulations that protect the integrity of competitions.
Eduardo Rocha Dias, representative of the University of Fortaleza (Unifor)
The professor of the Postgraduate Program in Law (PPGD) spoke about ongoing research at the institution on prevention and consequences of pathological gambling, which treats the issue as a public health problem. He explained that gambling addiction is a behavioral dependency disorder, with implications such as indebtedness, parental neglect, violence and criminality, depression, and a high suicide rate. Therefore, he suggested a total ban on gambling advertising and sports sponsorships.
Leonardo Ribeiro Pessoa, from the Brazilian Institute of Studies in Business Law and Taxation (Ibedet)
The president of the institute defended the improvement of the Bets Law to protect economically vulnerable populations. According to him, data points to significant indebtedness of these people, affecting especially the black population. He also observed that online games have an impact on mental health, with increased levels of anxiety and depression, especially among the youth.
Ione Amorim, from the Brazilian Institute for Consumer Protection (Idec)
The financial services and indebtedness consultant presented data from the last five years that explain the multiplication of bets in Brazil, such as the isolation caused by the COVID-19 pandemic, the advancement of technology, the “late and weak” regulation of the matter, the “misleading and abusive” advertising, and the participation of digital influencers in the promotion. She said that bets lead the ranking of complaints in consumer protection agencies, with more than 366,000 complaints in six months.
Mariel Angeli Lopes, from the Inter-Union Department of Statistics and Socioeconomic Studies (Dieese)
The representative said that the online betting market has a significant negative impact on mental health, especially among more vulnerable workers. According to her, this market has increased significantly during the pandemic, and people do not bet for fun, but in an attempt to earn extra income, as they are already indebted. In her view, a generation of bettors is being created that will hardly be able to detach from this habit in the future.
Fabíola Xavier, from the Institute for Retail Development (IDV)
The executive director of the institute expressed the concern of the retail sector with the growth of online betting. She emphasized that the resources allocated to the gaming market cease to circulate in the economy, and the issue already impacts the retail sector, responsible for generating thousands of direct and indirect jobs.
Rosana Lúcia Alves, from the National Association of Retirees, People with Disabilities, the Elderly, Pensioners, and Assured of Social Security (Anadips)
The representative highlighted that gambling generates an addiction that causes ludopathy, a disease recognized by the World Health Organization (WHO). She stated that the government wants to increase revenue through online betting, but there is no discussion about a public policy to prevent and treat ludopathy through the Unified Health System (SUS).
Maíra Fernandes, from the Brazilian Association of Criminal Lawyers (Abracrim)
The president of the Economic Criminal Law Commission of the association described the current situation as alarming because Brazil has moved from a policy of absolute prohibition of games in the past to another that is totally permissive. She argued that the sector should be subjected to control, just as it happens with alcohol and tobacco. In her view, the Bets Law is not a problem, but the beginning of the solution, and brings legal security. However, it should be improved in terms of controlling money laundering. For her, not regulating online games leads the sector to clandestinity.
Thiago Henrique Cunha Basílio, representative of the Public Defender's Office of Rio de Janeiro
The public defender and sub-coordinator of the Consumer Defense Unit said that his area attends daily to consumers exposed to the online betting market. Based on this experience, he pointed out the main problems as financial damage (which compromises family income), psychological damages, the impact on children and adolescents, and advertising. In his understanding, betting is a risky activity that cannot be normalized.
Antônio Carlos de Almeida Castro, representative of Cruzeiro Esporte Clube
The lawyer emphasized the importance of bets in football sponsorship, a sector of great economic importance. According to him, removing advertising from betting houses and club sponsorships will "break" both large and small teams, and suspending the law will be “the end of football”. He recalled that before the current regulation there were thousands of companies without any control.
Jonas Decorte Marmello, representative of Botafogo de Futebol e Regatas
According to the executive vice-president of the club, the growth of the football industry in the last six years coincides with the entry of online betting in the country. The “capital injection” brought by these new actors strengthened the industry, in a sport that was previously financed by the State. He also reported that the top 20 revenue-generating clubs of Serie A will obtain more than R$ 12 billion, a positive variation of 40% in revenue over the last six years.
André Carvalho Sica, representative of Fluminense Football Club
The lawyer presented a manifesto signed by 30 clubs from various states, sizes, and divisions of Brazilian football in favor of the Bets Law and highlighted that betting houses are responsible for the largest sources of revenue for football. He said that the entry of bets into the Brazilian market, without regulation, brought problems such as lack of taxation, manipulation of results, and improper use of club brands. He also highlighted that the revenue from bets accounts for most of the financing of women's football and the sponsorship of 19 of the 20 clubs in Serie A of men's football.
Mateus Fernandes Vilela Lima, representative of the Federal Senate
According to the lawyer of the Senate, the Bets Law is the result of a legislative process guided by broad debates, which allowed the Parliament to construct a norm that seeks to balance economic freedom with the protection of the population. However, he recognized adverse effects generated by the online betting market in the lives of Brazilians. To understand the dimension of the impacts of the sector and propose regulations that can mitigate problems, he informed that the Senate installed the Parliamentary Commission of Inquiry (CPI) of Bets.
Carlos Manuel Baigorri, National Telecommunications Agency (Anatel)
The president of the agency stated that the regulation of services and economic activities presupposes the capacity of the State to enforce established rules. According to him, for the Bets Law to be effective and the punishment of irregular companies to be possible, it is necessary for the public power to have technological tools and administrative competence. He argued that blocking platforms does not depend only on telecommunications companies, because there are now ways to circumvent the blocks in the digital ecosystem. New tools, in his view, are essential for the effective action of Anatel and the Secretariat of Prizes and Bets of the Ministry of Finance.
Source: GMB / STF
