Exclusive: Regulation of sports betting, lotteries and commercial promotions should be transferred to the Ministry of Justice

English Edition I 14.10.22

Por: Magno José

Exclusiva: Regulação das apostas esportivas, loterias e promoções comercias deverá ser transferida para o Ministério da Justiça
BNLData has been following the transfer of the task of regulating, controlling and supervising these public services, which in the past have already been under the responsibility of the Ministry of Justice

Soon after the National Consumer Secretariat – Senacon, headed by lawyer Rodrigo Henrique Roca Pires, request a copy of the advertising contracts of the 54 federations, clubs, CBF and TV Globo with the sports betting platforms, that a frantic dispute was established within the federal government for the regulation of this modality.

With only two months to expire the deadline provided for in the law to regulate the lottery modality of fixed quota betting, the Ministry of Justice has claimed for its portfolio the regulation of the modality and the Ministry of Economy is willing to transfer, in addition to the bets, the lotteries and commercial promotions will also migrate to the portfolio of Minister Anderson Torres.

BNL has been following the dispute over the task of regulating, controlling and supervising these public services, which in the past have already been under the responsibility of the Ministry of Justice. At the end of the 1980s, the regulation of lotteries belonged to the folder. Then it was transferred to the Federal Revenue Service, which when it became a collection agency, passed on the task to the Secretariat of Economic Monitoring of the then Ministry of Finance.

From what the report found, a meeting between the Secretary of Economic Monitoring of the Ministry of Economy, Alexandre Messa and Rodrigo Roca would have sealed the transfer, which was authorized by Minister Paulo Guedes.

According to sources heard on condition of anonymity, Guedes would not have liked the politicization of the Undersecretary of Commercial Betting and Promotions and admitted that it would be appropriate for regulation and control to go to the Ministry of Justice.

The information was confirmed this week with the exchange of letters between the two folders.

There is still no information to define whether the organization chart and the personnel structure installed in the Ministry of Economy will go to Justice, but at least it is known that the moment is inadequate due to the presidential elections of October 30 and 75 days before the end of the government.

The electoral moment and the political environment may impact the administrative decision of the Presidential Palace, which authorized the change. Unfortunately, they will generate many doubts and uncertainties in the betting market, lotteries and commercial promotions.

Doubts about meeting the deadline for the government to regulate sports betting, whether the transfer of the regulation will be before or after the elections, if the process developed so far by the Ministry of Economy through the draft decree and the Provisional Measure for regulation proposed for the Civil House will be used by the Ministry of Justice and if President Jair Bolsonaro does not win the elections, how will this process proceed?

We will have to wait for the publication in the Official Gazette to clarify the doubts and consequences of this transfer. The only certainty is that nothing happens before the elections.


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