The Chamber of Deputies approved at dawn this Thursday (24) the basic text of the project that legalizes casinos, bingos and animal games in the country, defeating attempts to obstruct evangelical and Catholic groups and under criticism from parliamentarians about the urgency of vote on the proposal at this time.
To be able to vote on the text, the project’s rapporteur, deputy Felipe Carreras (PSB-PE), made a series of concessions to try to reduce resistance. However, he failed to gain the support of the opposition and religious groups, who began to bet on a veto by President Jair Bolsonaro (PL) of the proposal.​
The base text was approved by 246 to 202. Now, the deputies need to analyze this Thursday suggestions to modify the proposal, which then goes to the Senate.​
The vote was marked by an attempt to obstruct the evangelical and Catholic benches, who cited regimental issues to try to convince the Speaker of the Chamber, Arthur Lira (PP-AL), to postpone the vote.
Lira, however, maintained the intention to vote on the proposal. “We are about to vote or not, to approve or not a project that generates controversy. The controversies we resolve in the plenary”, she said. “I always made it clear that this House would have autonomy for the plenary to decide on the most diverse issues, without prejudice of any of them, when I was elected president of this House.”
Evangelical leaders strongly criticized the project. Deputy Sóstenes Cavalcante (União Brasil-RJ), president of the evangelical parliamentary front, stated that the vote “affects, in particular, the lives of the poorest, the retired, who are the first to develop the compulsion, the addiction to bad luck.”
“The legalization of gambling is a disaster for Brazilian families,” he said. “The most coherent thing tonight is that we look at what is important for the Brazilian people. And legalizing gambling at this moment is not good for the Brazilian people.”
The government released its deputies, but recalled that Bolsonaro can veto the text. “The government releases its base, not least because it has parties that have different understandings, and the President of the Republic will maintain his veto prerogative if the project goes through and arrives for its consideration”, said the deputy leader of the government Evair de Melo (PP -ES).
The project voted on was presented by Deputy Renato Vianna (MDB-SC) in 1991 and was processed with some regularity until 1995, when it stalled. The theme was quickly resumed in 2008, but also without progress. In 2015, a special commission was created to discuss the text. The collegiate produced a report, used by Carreras as a basis for making his opinion.
The deputy filed a first report late on Tuesday night (22), which led opposing parliamentarians to ask for at least 24 hours to be able to analyze the text.
Throughout this Wednesday, the rapporteur toured party benches to try to negotiate adjustments that would eliminate part of the resistance to the project. The new opinion, however, was only entered into the system after 9 pm, when voting had already begun.
Carreras’s opinion seeks to regulate casino games, bingo, animal games, turf [corrida de cavalo] and online games. Carreras included in its report tourist casinos —hotels that could explore the activity—, and increased the number of casino licenses in some states, such as Pará and Amazonas, due to their territorial extension.
Until then, the forecast was that the number would correspond to the population, but it will also include territorial extension in the case of the two states in the North region.
Another change was the possibility of casinos on river vessels for a period of 30 days — so that they would not be configured as anchored casinos.
The deputy also spoke about the redistribution of the so-called Cide-Jogos, a contribution of 17% levied on the gross revenue resulting from the exploitation of the activity.
The contribution will be shared between Embratur, funding for sports activities, protection of players and gamblers, animal protection, public safety, health and culture.
To accommodate demands from congressmen, the rapporteur reduced to 16% the percentage allocated to federated entities —there were 20% for state participation funds and 20% for municipal funds—​ to include resources for actions to prevent natural disasters and Fies (student finance fund).
According to the text, after the deduction of the premiums paid, the operators must transfer 0.68% of the gross revenue directly to the financing of the training of athletes. Of this percentage, 0.48% will be allocated to the CBC (Brazilian Committee of Clubs) and 0.2% to the CBCP (Brazilian Committee of Paralympic Clubs).
The rapporteur maintained the levy of Income Tax of 20% on the net premium equal to or greater than R$ 10 thousand.
Another request that Carreras accepted was the creation of a regulatory agency that will be part of the National Gaming and Betting System, also formed by the Ministry of Economy, gaming and betting operators and others.
The rapporteur denied that the changes were intended to try to win votes in favor of the project.
“It didn’t change the PT’s position [que fechou questão contra o texto]. We are not negotiating votes, we are negotiating consistency, improving the report. So much so that even with a good suggestion from him, we will accept it and will not have their vote”, he said.
Carreras also defended that parliamentarians are aware of all the changes that will be made in the text.
“Everyone is aware of everything that is being discussed. I will make it available to colleagues. What we are doing are plenary amendments that we will accept by the rapporteur. Everything is public. The plenary amendments are there published and public “, he said.
For casinos, Carreras has set limits on licenses. One will be granted to federation units with up to 15 million inhabitants. States that have between 15 million and 25 million inhabitants will be able to have two, and those with more than 25 million inhabitants will be able to receive three licenses.
The Executive may grant the exploitation of games in casinos in integrated leisure complexes for up to two establishments, at most, in States with a dimension greater than one million square kilometers.
However, the rapporteur prohibited the construction of casinos within 20 km of environmental protection areas, beaches and regions occupied by traditional populations.
The changes did not change the willingness of religious benches to try to bar the text. The president of the Republicanos, a party linked to the Universal Church, Marcos Pereira (SP), said he would advise against the project, but admitted that some parliamentarians from the party could vote in favor of the proposal.
“We respect their position. I think they have the vote to pass”, he said. “And the government, from what I hear, is going to veto it,” he added, before acknowledging that Congress could overturn the presidential decision.
Bolsonaro has said on numerous occasions that he intends to veto the project. “I intend to veto the issue of games in Brazil, I think we are not mature enough to advance on this issue there. There are only many people who defend it, if I veto and override the veto, we will respect it”, he said, at the end of December.
According to evangelical leaders, the president sent messages to deputies asking them to vote against the project, in an attempt to convince congressmen from grassroots parties.
This Wednesday, the minister of the Civil House, Ciro Nogueira, licensed president of the PP, was evasive when talking about the possibility of a veto. “Let’s wait for the decision of the Parliament first”, he said when leaving the event of affiliation of former deputy Rogério Rosso to the PP.
The PL of Gambling
What is the project?
The bill proposes that the exploitation of games of:
- casino
- Bingo
- animal
- turf (horse racing)
- online
What does the bill say about the tax to be levied on companies and players?
- The proposal establishes Cide-Jogos, with a rate fixed at 17% for games, and the inspection fee for issuing the license
- The Income Tax levied on prize-winning individuals will be 20% on the net winnings, that is, on the prize deducted from the amount paid to bet or play.
How will licenses* be granted?
Casinos: the license will be by means of a tender of the technical type and proposed price and the highest proposal to obtain the license and with paid-in capital of R$ 100 million. More than one establishment per state for the same economic group and more than five for the same economic group in the national territory are prohibited.
There is also a limit of 1 license per state with up to 15 million inhabitants, 2 licenses for states between 15 million and 25 million inhabitants and 3 licenses for those with more than 25 million inhabitants. There were changes to increase the number of licenses in states with greater territorial extension, such as Pará and Amazonas.
Bingos: Limitation of 1 bingo per 150,000 inhabitants and a maximum of up to 400 video bingo machines per establishment
Animal game: There is a quantity limitation per state, with the release of 1 “bicheiro” for every 700 thousand inhabitants in each state.
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