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Uncertainty Looms as Brazil’s Gambling Bill Faces Another Setback


As the Brazilian legislative year nears its close, the country’s gambling regulation proposal wades through a climate of uncertainty, with recent events casting doubt on its approval within the current year. Upon the Economic Affairs Commission (CAE) approving Bill 3,626, industry stakeholders anticipated a smooth transition to a Senate plenary vote. Unfortunately, this progress has been stymied.

The initial vote, slated for November 29th, met an unforeseen delay extending the decision to December. The extension was necessitated by the introduction of over a hundred amendments to the original bill. However, the lack of quorum has risen as the pivotal factor preventing the voting from proceeding. A qualified quorum is essential since the bill lacks universal agreement within the Senate. Consequently, the absence of supportive senators compromises the bill’s chances of passing.

The delay can be attributed to the participation of 15 key senators at the global environmental summit COP28 in the United Arab Emirates. Their involvement in the international dialogue has contributed to the lack of quorum, pushing the vote to a crucial junction. With the Senate’s conditions not permitting the vote and the end-of-year parliamentary recess looming, the window for the bill’s passage narrows significantly.

If the Senate fails to reach a vote by the provisional December 12th date, it will leave just over a week before the recess begins on December 23rd, undermining the prospects of the bill’s inclusion in the 2024 budget allocations. The urgency is palpable; the amendment approval process by Brazil’s Chamber of Deputies would need to be expedited to fit within the legislative year’s remaining days.

Despite these challenges, there remains optimism among some legal experts in the sector. Luiz Felipe Maia, a founder of law firm Maia Yoshiyasu Advogados, maintains hope in the imminent regulation, citing unprecedented governmental support. In contrast, the legislative delay is viewed merely as a democratic procedural hurdle rather than a definitive roadblock.

From a fiscal perspective, the Betting Bill is considered vital to Brazil’s 2024 budget. The government’s reliance on the bill’s revenue generation capabilities, which include substantial licence fees and expected tax collections, is notable. Yet, with the countdown to recess ticking, skepticism regarding its timely passage prevails in some quarters. Neil Montgomery, another legal expert, acknowledges the potential economic benefits inclusive of job creation and foreign investment if the bill passes. However, Montgomery also points out the difficulties associated with the approval against the clock and highlights potential complications in enacting the bill.

The essence of the Betting Bill extends to various facets of legislation, taxation, and consumer protection. With the inclusion of online gaming in discussions, opposition intensifies as stakeholders debate over iGaming’s scope within the bill. While wary of potential litigation, regulatory proponents emphasize the advantages for players, such as a reduced winnings income tax and the establishment of a local industry presence to facilitate consumer grievances.

The legislative journey for Bill 3,626 has been complex, marked by both transformation and contention. The bill seeks to formalize sports betting stipulations from prior laws, modify tax rates, and mitigate marketing constraints. These steps toward market regulation are seen as incremental yet significant in shaping Brazil’s gambling landscape.

In conclusion, the vote’s continuous deferment represents not just a procedural delay, but also an aversion to taking risks—reflecting the delicate balancing act of democratic process and economic ambition._Msk

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