Hedging your bets: how to regulate Brazil’s multi-billion-dollar sports betting market
Published 28 February 2020 By: Udo Seckelmann
In Brazil, casinos and book makers have been banned since 1946, and yet the act of placing a sports bet is not exactly illegal. Although our 1946 legislation[i] prohibited the establishment of land-based structures for gambling, the subsequent evolution of the internet has allowed online betting from international servers to operate in a non-regulated “grey area”.
After decades of tolerating this legal loophole, Brazil is finally ready to regulate its whole sports betting market. Federal Law nr. 13.756 of December 2018[ii] primarily regulates the Brazilian national lottery, but it also includes provisions to regulate sports betting (a category defined as "fix-quota betting related to sporting events”) and its related tax revenue allocation. Pursuant to Article 29 of the Law, the “fix-quota betting” category will be a public service, and the Federal Government will be able to issue licenses to commercial operators both online and in land-based structures.
Brazil’s Federal Finance Department now has two years – extendable for another two – to develop suitable regulations for the industry, and the Brazilian House of Representative’s Sports Commission is already scheduling public debates to discuss its regulatory procedure and directions. Concurrently, betting companies are paying close attention and are already positioning themselves to invest in the country.
In light of these developments, this article examines how Brazil’s sports industry might best develop a modern regulatory framework to prepare for the inevitable growth of the betting market. It also asks whether the UK could be used as a model for sports gambling regulations. Specifically, it looks at:
- Why regulations are necessary;
- The fundamental pillars of a strong regulatory framework (case study – UK); and
- The key opportunities and challenges from the perspective of Brazilian football.
Get access to this article and all of the expert analysis and commentary at LawInSport
Already a member?
Articles, webinars, conference videos and podcast transcripts
This work was written for and first published on LawInSport.com (unless otherwise stated) and the copyright is owned by LawInSport Ltd. Permission is granted to make digital or hard copies of this work (or part, or abstracts, of it) for personal use provided copies are not made or distributed for profit or commercial advantage, and provided that all copies bear this notice and full citation on the first page (which should include the URL, company name (LawInSport), article title, author name, date of the publication and date of use) of any copies made. Copyright for components of this work owned by parties other than LawInSport must be honoured.
- Tags: Anti-Corruption | Betting | Brazil | Brazilian Football Federation (CBF) | Brazilian Government | Football | Gambling | Gambling Act 2005 | Gambling Commission | Macolin Convention | Regulation | United Kingdom (UK)
- Why ‘national platforms’ are the cornerstone in the fight against match-fixing in sport: the Macolin Convention
- How to build a US gambling system that protects the integrity of sports (key takeaways from Great Britain)
- Legislating for game integrity as U.S. states legalize sports betting
- Establishing the optimum sports betting regulatory system to protect the integrity of Indian sports
In 2019, he did a temporary internship with the Sports Business Group of the law firm Lewis Silkin LLP and advised the sports agency World In Motion, both in London, in order to gain knowledge and experience in the English football market. In the same year, he became a writer and editor of Lex Sportiva, a sports law blog that offers commentary and analysis on current sports legal issues.