The Chamber of Deputies concluded this Thursday (24) the vote on the project that releases animal games, casino and bingo and which provides for a contribution of 17% on the revenue from the exploitation of the activity, in addition to the incidence of Income Tax on prizes. net worth equal to or greater than R$ 10 thousand.
The basic text was approved in the early hours of this Thursday by 246 votes in favor and 202 against. The deputies rejected the proposed changes to the bill, which goes to the Senate for consideration.​
As it did in the vote on the main text, the government released the deputies from the base to vote as they wish on the subject. In a nod to the evangelical and Catholic benches, President Jair Bolsonaro (PL) has already signaled that he would veto the project if it is approved by Congress.
The vote on suggestions for changes to the main text was also marked by criticism from evangelical and Catholic groups and the opposition.
“It is necessary to denounce that there are economic interests and, above all, there is a possibility for us to increase the participation of organized crime”, said deputy Helder Salomão (PT-ES).
“The release of these games in this way can greatly favor money laundering and organized crime and we need to state that the approval of this law, which we still hope to reverse, because there is still a process ahead, is an attack on fundamental values. of the human person.”
Gambling has been illegal since 1941, when the Criminal Misdemeanors Act came into force. In 1946, General Eurico Gaspar Dutra, then president, closed the casinos and prohibited the practice or exploitation of games of chance, in which only the player’s luck competes, and not his skill.
The original text was presented by Deputy Renato Vianna (MDB-SC) in 1991 and was processed with some regularity until 1995, when it got stuck. 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 rapporteur of the text, Deputy Felipe Carreras (PSB-PE), maintained the incidence of Income Tax of 20% on the net premium equal to or greater than R$ 10 thousand.
Carreras made adjustments to his opinion in order to get the project approved, which establishes that the exploitation of games and betting can be done by companies licensed by the Ministry of Economy to operate in the segment.
Carreras’ opinion legalizes casino, bingo, animal game, 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 — not to set up casinos at anchor.
The text creates Cide-Jogos, a contribution of 17% levied on the gross revenue resulting from the exploration of the activity. The funds will be destined to 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).
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.
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 1 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 project establishes certain prohibitions for controlling shareholders and directors of entities licensed to operate the games and betting. They cannot, for example, hold public management positions or who have the competence to regulate or supervise any kind of game, bet or lottery.
The prohibition extends to managers of business companies, foundations or legal entities governed by private law, whose capital is constituted, in whole or in part, directly or indirectly, by state resources.
The coordination, conduction or mediation of processes or routines of games and bets in the operators can be done by foreigners, as long as they are fluent in Portuguese. However, there is a ban on people convicted of administrative improbity, tax evasion and corruption, among other cases, and also those who have received a criminal sentence that prohibits, even temporarily, access to public office, by a final and unappealable court decision.
The project defines minimum paid-in share capital for companies that want to explore games. In the case of bingo operators, the amount will be R$ 10 million. Machine rental companies will need R$ 20 million, casinos, R$ 100 million, and Jogo do Bicho, R$ 10 million.
The text creates the National Registry of Prohibited, a database with information about people who cannot gamble. The registration makes the player incapable of performing any act related to games of chance in a physical or virtual environment, including entering a betting establishment with instant results throughout the country.
The text also brings the gaming and betting inspection fee, whose triggering event is the exercise of the police power legally assigned to the Ministry of Economy for the inspection of activities. According to the opinion, Bingo Operators will pay a fee of R$ 20 thousand per licensed establishment. Online games will pay BRL 300,000 per licensed domain and casinos, BRL 600,000 per licensed establishment. The animal game will pay a fee of R$ 20 thousand per licensed entity.
The fee will be paid quarterly, in reais. The collection will be made until the 10th of the months of January, April, July and October of each year.
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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