Evangelical bench gets IPTU exemption for rented temples, but is defeated in games of chance

The Chamber voted this Thursday (16) a requirement that speeds up the project that legalizes games of chance, such as the game of animals, bingo and casino, displeasing evangelicals and Catholics, but also made a nod to the benches by approving a PEC (Proposal of Amendment to the Constitution) which exempts property rented by religious temples from property tax.

The urgency of the games was approved by 293 votes to 138 — it needed at least 257. The text could already be voted on by the plenary, but, according to the president of the Chamber, Arthur Lira (PP-AL), this should only happen in February.

Lira stated that, in order to vote on urgency, there was a composition with members of the opposition. After the application, a PEC would be considered that provides for the non-levy of IPTU (Tax on Urban Property and Territorial Property) on temples of any cult, even if the entities covered by tax immunity are only lessees of the immovable property.

The PEC was approved in the first round by 393 votes to 37 — at least 308 votes were needed. In the second, he received 376 votes in favor and 30 against. As it came from the Senate, the PEC goes to enactment.

The Speaker of the House denied any relationship between the two votes. “On the list of priority projects of the Evangelical Parliamentary Front is the PEC 200. No commitment binds it to the PL of the games. Neither for the representative, president of the parliamentary front, nor for any member of the Evangelical parliamentary front to whom I have the greatest respect, consideration and gratitude,” he said.

Vice President of the Chamber, Deputy Marcelo Ramos (PL-AM) defended the approval of the text. “What this PEC says is that, even if the church does not own the temple, therefore, it is a leased temple, there is immunity from the payment of IPTU,” he said. “I think we are going to put in the Constitution what is already a trend in jurisprudence and reaffirm what the Constitution says with regard to the tax immunity of churches.”

The leader of the minority in the Chamber, deputy Marcelo Freixo (PSB-RJ), denied that there was an agreement linking one text to another. “No [é um acordo], even because evangelicals voted against [a urgência da legalização dos jogos]. I also voted against, and this PEC is a PEC that the majority is in favor of, because it is already in the Constitution, it is already in the Tax Code. Personally, I don’t see it as a deal.”

Before the urgent approval of the gambling bill, Lira defended the discussion of legalization. “In Brazil, it is an issue that has been debated for a long time, and it has to be made clear, it has to be done with a lot of debate, with all the converging and diverging ones,” he said. “Then we will have the opportunity to know who wants the game to remain illegal in Brazil as it is today.”

Lira stated that “we all know” that there is a game in Brazil. “But it has to exist underground, to continue without generating formal jobs in Brazil, without paying roughly R$20 to R$25 billion in taxes for the Brazilian people?”, he questioned.

“There are proposals for an agreement to discuss to exhaustion and stop the discussion and return with the vote on the merits for February, it is possible.”

The original gambling project, by Deputy Renato Vianna (MDB-SC), dates from 1991. The text authorizes, among other things, the exploration of gambling throughout the national territory, “as an instrument of social and economic development “.

The report was in charge of Deputy Felipe Carreras (PSB-PE). He used parts of the substitute approved in 2016 by the special committee that assessed the text’s merit.

The rapporteur’s intention is to regulate the operation of casino games, bingo, animal games, fixed-rate betting, turf (horse racing) and skill games.

According to him, the idea is to create a national system of gambling. “We are taking examples of safety, reliability and responsible gaming around the world to shield attempted use of gambling for money laundering and organized crime,” he said.

Carreras said a player registry will be created to help identify compulsive gamblers. No player may participate in a game or bet without registering.

“The game is happening, especially in the virtual environment. Brazil does not collect anything, it is not generating jobs and it is urgent that the Parliament and the public authorities create tools to generate opportunities and jobs for the people”, he defended.

The market will be regulated and supervised by the Union, through a federal regulatory and supervisory body to be defined in its own law.

The project creates Cide-Jogos, with a rate of 20% on the gross revenue from the exploration of all casino games, 20% on the gross revenue from online games and 10% on the gross revenue earned as a result of the exploration of games in accredited physical establishments.

For premiums equal to or above R$ 10 thousand, there would be a 30% IR tax on the net premium for individuals.

The resources would be distributed as follows, according to the report: 4% to Embratur; 3% for financing programs and actions in the area of ​​sport; another 3% for financing programs and actions of the National Policy for the Protection of Players and Bettors.

In addition, 3% funding for programs and actions for animal defense and protection, 3% for funding health programs and actions related to play disease (compulsive gambling); 3% more allocated to the National Public Security Fund; 3% to the national culture fund; and 3% to the National Fund for Children and Adolescents.

According to the report, the Union will allocate 25% of the proceeds from the collection of Cide-Jogos to the State Participation Fund and 50% to the Municipal Participation Fund.

According to the draft, a list of “crimes against gambling and betting” would be created to criminalize the conduct of those who explore any kind of game, physical or virtual, without meeting regulatory requirements.

Anyone who defrauds the result of a game or bet, allows minors under 18 to participate in games, and anyone who carries out or authorizes financial transactions through credit card, loan or other type of financing with foreign companies or websites that explore the gaming activity. There is also a punishment for those who make inspection difficult.

The urgency of the topic is disputed. President of the Evangelical Parliamentary Front of Congress, deputy Cezinha de Madureira (PSD-SP) said he is against gambling.

“I’m against it, the evangelical caucus is against it. That doesn’t stop it from going to the agenda, because we live in a democratic country. But we cannot let these projects prosper, neither in the Chamber nor in the Senate,” he stated.

For him, Brazil is not prepared for the agenda. “The game of chance does not fit in Brazil, because it encourages prostitution, it encourages the poorest, retired people, to spend their money, to become poorer,” he said. “We, evangelical caucus and Catholic caucus, are going to obstruct.”

The deputy said that the lobby of a group of businessmen who want to explore games of chance is old.

“They think it will generate jobs, they are thinking of taking a place in the Northeast and creating a resort,” he said. “And they’re right, they want to generate income, make the country grow. But today I don’t see our population with that base,” he said.

GOVERNMENT SIGNS SUPPORT FOR RELEASE OF GAME OF GAME

The government signals its support for the agenda. At the ministerial meeting on April 22, 2020, Minister Paulo Guedes (Economy) supported the release of games of chance.

President Jair Bolsonaro (PL) has already talked about transforming the municipality of Angra dos Reis (RJ) into the “Brazilian Cancun”.

In 1941 the Criminal Misdemeanor Law was enacted, making gambling illegal. In 1946, General Eurico Gaspar Dutra, then president, closed the casinos and banned the practice or exploitation of games of chance, in which only the player’s luck competes, not his skill.