What are the twelve ordinances on betting that the government still needs to issue?
Written by :
Heloisa Vasconcelos
Although Law No. 14,790 was sanctioned at the end of last year , several details still need to be defined regarding the regulation of betting.
According to the then special advisor to the Ministry of Finance, José Francisco Mansur, twelve ordinances related to betting will be published in the first half of this year. Mansur was dismissed last Monday (19), which could affect the publication schedule of the ordinances .
The texts, which complement the regulations, will deal with topics such as authorization, payment methods, responsible gaming and taxation, according to a note sent by the Ministry of Finance to Aposta Legal Brasil .
The ministry reported that the opening of the procedure for authorizing the commercial exploitation of fixed-odds betting in the national territory is expected to take place between March and April.
In addition to the publication of new ordinances, Normative Ordinance MF No. 1,330 of 2023 will also be issued to comply with the terms of Law No. 14,790.
Why are there no ordinances?
Tiago Gomes, partner at Ambiel Advogados and specialist in gaming and betting regulation, explains that it is normal for specific issues to be addressed in ordinances and not in the law in the case of regulations.
This is because the legislative process is usually slow, and some regulatory changes need to be made more quickly. Leaving specifications to be addressed in executive orders is a way to make the law more flexible.
“In addition, it is assumed that the regulator, because it is specific, has more appropriate technical knowledge to deal with micromanagement issues,” he adds.
“ This happens in any regulated market, if we look at the electricity, telephone and sanitation sectors, everything is the same. ”
Tiago GomesExpert in gaming and betting regulation
According to the lawyer and vice-president of the Special Commission for Lottery, Sports and Entertainment Law of the National OAB, Milton Jordão, the ordinances must guide what was established in the law.
“The ordinances are a regulation, so that we have something concrete. The law comes but the one that will determine the steps is the regulation or the ordinance”, he says.
Theme of the ordinances
According to the Ministry of Finance, twelve ordinances will be issued in the next six months dealing with:
- Qualification of Laboratories for the Certification of Betting Systems and Online Games
- Betting Systems
- Authorization
- Payment options
- Responsible gaming
- Money Laundering and other crimes
- Sanctions
- Oversight
- Taxation (Federal Revenue/MF regulation)
- Transfers
- Rights and Obligations of Bettors and Operators
- Match manipulation (joint ordinance with the Ministry of Sports)
For Tiago Gomes, there are not many surprises expected regarding what will be addressed in the ordinances. He believes that the ordinance on authorization should bring requirements that are already in the law and in the ordinance published last year.
“I think it should not stray too far from two very clear guidelines. We have the ordinance that was issued last year, which already addresses some criteria on this in its first articles. I imagine that the ministry should follow the same line. It should also follow what is in article 7,” he says.
One point that still raises doubts is in relation to the permission and regulation of online games, such as Jogo do Tigrinho .
“ In online gambling, who will know the margin of a positive result for the player and not for the game owner? These questions will necessarily be taken to a more specific definition. ”
Milton JordanLawyer and vice-president of the Special Commission for Lottery, Sports and Entertainment Law of the National OAB
“As long as it is possible to predict the odds or odds that the bettor will win, this can be authorized. It is a question of how to work on the wording of this game so that it can be certified,” adds Tiago.
Expectations
Experts believe that the first of the twelve ordinances should be published in the coming weeks. For Tiago Gomes, although the delay causes anxiety in the market, the process is being considerably fast.
“We should have some ordinances in the next few days, next week. This should make the responsibilities within the Ministry of Finance clearer so that they can issue the ordinances,” he points out.
Milton believes that the deadline could be extended a little longer, but that the government is speeding up the process as it is the most interested party in exploring this source of taxes.
“The state itself is the most interested party. But you have to be careful not to make mistakes. The secretariat was created this year and I believe that this will only be defined when the secretary is appointed and the positions are appointed. From then on, you can start implementing it,” he emphasizes.