The debate on betting regulations, casinos and other forms of gambling has never been more in vogue in Brazil. For this reason, journalist Luiz Carlos Prestes Filho is promoting several reports with lawyers, politicians, specialists and professionals in the sector to examine the subject on the Tribuna da Imprensa Livre website.
The most recent interviewee was lawyer Daniel Homem de Carvalho, who is a member of the Brazilian Lawyers Institute (IAB), Counselor of the Regulation Law Commission of the Brazilian Bar Association (OAB / RJ), a full member of the Brazilian Law Association Finance (ABDF) and chairman of the OAB / RJ commission, regarding the regulation of betting games managed by the private sector in the country.
According to him, practically everything that could be evaluated on the segment has been launched over the past seven decades. The only major change was the technological advance, however, there are no more favorable or opposite reasons to be presented. “In my view, there is no decision to regulate or not”.
However, he reinforced that Brazil gives up huge tax revenue by not regulating betting and other verticals. In the attorney’s view, the effects of legalizing the gaming market could be felt quickly in the country. “Certainly a few days after the regulation, the Brazilian economy will be positively affected”.
Check out the interview with lawyer Daniel Homem de Carvalho
Luiz Carlos Prestes Filho: What is your view on the referrals in the National Congress and the Supreme Federal Court (STF) that may soon regulate the money betting games administered by the private sector in Brazil?
Daniel Homem de Carvalho: In Brazil, gambling was never really prohibited. The restriction was only against private exploitation. Brazilian law guarantees a monopoly on the exploitation of lotteries and games for the government. Thus, lotteries are poorly managed and consumers are harmed. The Government was not made to be a gambling committe.
Prestes Filho: Would the regulation require a great effort from institutions such as the Brazilian Lawyer’s Association (OAB) and the Brazilian Lawyer’s Institute (IAB), in order to follow the regulation?
Homem de Carvalho: There is a lot of mystique around this theme. The gaming and lottery industry is economically relevant across the entire civilized world. Look at Americans, deeply religious people. They are pragmatic.
If there is a social demand, someone will meet that demand. Better regulation is better than using the country’s legal framework to criminalize activity. America has extensive experience with Prohibition errors.
Prestes Filho: The World Game Economy Productive Chain promotes activities in the areas of architecture and graphic industry, accommodation and restaurants, entertainment and technological innovation, among others. Can we favor Brazilian companies with the regulation of games?
Homem de Carvalho: Certainly a few days after the regulation, the Brazilian economy will be positively affected. Today Brazil renounces a large tax revenue by not regulating betting. From the regulation we will have a huge boost in national work and income.
Prestes Filho: Doesn’t the National Lawyer’s Association intend to hold a congress on the legal impacts of regulation?
Homem de Carvalho: I believe that everything that could be discussed on the subject has been launched in the last 70 years. The only novelty was the major disruptive process in technology. There are no more arguments to be launched, for or against. In my view, there is no decision on whether to regulate or not.
Prestes Filho: We are the only country in Latin America that does not have regulated games. That annoys me. Do we have anything to learn from neighboring countries like Argentina, Uruguay and Peru?
Homem de Carvalho: The writer Jorge Luiz Borges used to say that Latin America is a fiction. Unfortunately, we live with our backs to the Spanish-speaking countries in the Americas. Of course, our economy is much bigger.
Our private economy is vastly more powerful. You know that I advocate a minimalist regulation, where the private company has the leadership of this industry, with the State having the role of regulator.
Prestes Filho: Does Brazil today have lawyers specializing in gambling legislation? Will we have to train specialists?
Homem de Carvalho: Over the years many good lawyers have been trained with a good foundation in regulatory law, geared to the sector. It is not for lack of lawyers that Brazil will stop regulating the gaming and lottery industry.
The public sector itself has formed excellent executives who are deeply familiar with the way in which other countries have structured their industries. I say it again: everything that could and should be said has already been done. It remains to decide whether or not to do it.
Prestes Filho: Does the Ministry of Justice have an important role in the regulatory effort?
Homem de Carvalho: The Ministry of Justice has an important role in contributing to future regulation.
Prestes Filho: Strategically, which institutions should have an active voice in structuring programs and projects aimed at gambling in Brazil?
Homem de Carvalho: All possible and interested institutions have already been heard. Everything has already been said.
