BRAZIL: Government takes aim at online betting
The administration of President Luiz Inácio Lula da Silva in Brazil has launched a regulatory crackdown on online betting sites, including some that sponsor the country’s most famous football clubs.
In mid-October, Brazil’s telecoms regulator (Anatel) began blocking over 2,000 betting websites in compliance with a directive from the finance ministry. The gambling platforms were found to be falling short of new regulations that require them, among other things, to pay a R$30m (US$5.3m) licence and actively combat potential illegal activities.
Authorities have linked some betting sites to illegal financial activities, alleged money laundering, and suspected sports fraud, and they argue that predatory advertising and ‘easy credit’ help foment dependency. “We want to protect the bettor’s mental, financial, and physical health, preventing the activities of companies that use sports betting and online gaming as a means of committing fraud and money laundering,” said Regis Dudena, under-secretary of lotteries and betting at the finance ministry.
Among the companies that were initially blacklisted was Esportes Gaming Brasil, which controls Esportes da Sorte betting site, the sponsor of São Paulo’s Corinthians, Athletico Paranaense from Curitiba, Gremio of Porto Alegre, and Salvador-based Bahia football teams.
Esportes Gaming later won a court order to be exempt from the ban, citing a legal loophole for betting agencies that have previously been authorised by the Rio de Janeiro lottery, Loterj. That and three other exemptions increased the number of companies permitted to continue operating from 96 to 100. The group was deemed to have complied with all the new rules established by the finance ministry.
Historic ban
Brazil has had a tumultuous past with betting, both formal and informal. Traditional gambling in casinos and gaming parlours was prohibited in 1946, with the last game of roulette reportedly having taken place in the Copacabana Palace in April of that year. While the general prohibition continued, underground gambling flourished. The most popular game became Jogo do Bicho, a simple lottery-style game. Its operators, or ‘bicheiros’, over the years have built up considerable power and wealth. They have financed samba schools and football clubs, and branched out to run slot machines, bingo, and poker in clandestine betting parlours.
Over the years a few exceptions to the ban were introduced. Non-commercial bingo was legalised in 1971, horse racing and associated betting in 1984, and state-run lotteries in 1996. More recently Brazilians started turning to foreign-owned online betting services and in 2018 congress passed legislation authorising fixed-odds sports betting. The problem was that the government never regulated the law, essentially allowing the nascent industry to mushroom out of control into what Finance Minister Fernando Haddad has called a “national pandemic”.
President Lula likened the spread of gambling to a dependency that was detrimental to consumers’ financial health. “There are a lot of people getting into debt, spending what they don’t have,” Lula said at the presidential palace days before the enforcement of the new regulations was announced. “We think this has to be treated like an addiction, that is, people are dependent, they are addicted.”
Beyond the government’s concern for its citizens, it has an eye on the potential tax revenue from an industry worth tens of billions of reais. Authorities and business leaders are also concerned that the boom of online betting could be undermining the country’s economic activity itself.
The argument is that money spent on betting goes to a few operators of online portals that become wealthy, and no longer goes to buy goods and services that are produced locally and involve an entire supply and distribution chain. According to the Confederação Nacional de Comércio (CNC), the national retailers lobby, retailers had annual damages of R$117bn due to consumer spending on online bets.
So, in December 2023 government-sponsored regulations were finally passed by congress, establishing a 12% tax on profit in addition to regular corporate income taxes. Users must pay a 15% tax on their winning income. Betting sites, which are now required to be incorporated in Brazil, must inform customers about the financial risks of losing bets and about pathological gambling. They must provide customer service channels free of charge, screen their customers, and use payment services authorised by the central bank.
A series of events then prompted the government to accelerate its regulatory crackdown. In early September a high-profile police raid in five states made nationwide headlines when public figures such as influencer Deolane Bezerra and Darwin Henrique da Silva Filho, chief executive of Esportes da Sorte, were arrested. In all there were 19 arrest warrants. Police were investigating alleged money laundering through shell companies, and they confiscated planes, helicopters, luxury goods, and jewels. Bezerra and da Silva denied any wrongdoing.
Another turning point that pushed the Lula administration to take more decisive action was a central bank study later in September that suggested billions of reais of government aid paid to low-income families under the Bolsa Família welfare programme was being used for online betting. In August alone, 5m Bolsa Familia recipients spent R$3bn, or 20% of what the programme spends each month, according to the report requested by Senator Omar Aziz. The actual number could be much higher, as the study was based only on transfers made from mobile phones and didn’t include credit cards or bank transfers.
“These results are in line with other surveys that point to low-income families as those most affected by sports betting activity,” the central bank study said. “It is reasonable to assume that the commercial appeal of getting rich through gambling is more attractive to those in a situation of financial vulnerability.”
Congressional probes
The government hasn’t been alone in its efforts to shed light on the darker side of the betting industry. In October, the senate voted in favour of a parliamentary inquiry (CPI) that is to probe “the growing influence of virtual online betting games on the budget of Brazilian families”.
Average citizens usually don’t know who is behind these betting sites, how their algorithms work, and what their relationship is to VIPs promoting their service, said Senator Soraya Thronicke of Mato Grosso do Sul, one of the proponents of the CPI. “The people need to know about the risks and the threats,” she added.
A second congressional inquiry in the lower house of congress has been looking into allegations that bribes have been paid in an attempt to rig or influence the outcome of games for betting purposes. For months the CPI has been seeking the testimony of Bezerra as well as West Ham midfielder Lucas Paquetá, who has been accused by the English Football Association of committing intentional fouls to try to influence the betting market.
Privatisation
In another tectonic shift for Brazil’s betting industry, the São Paulo state lottery service was sold for R$600m on 1 November to a consortium called Aposta Vencedora (or winning wager). The bid was 14% above that of the runner up and 130% over the minimum price. São Paulo state governor Tarcísio de Freitas, considered by some to be the political heir to former President Jair Bolsonaro (2019-2023), has been on a privatisation drive that could help him boost government spending ahead of a potential presidential bid in 2026. Following the sale of the state’s water company, Sabesp, the Freitas administration in October carried out a series of public tenders, including motorways to be managed by the private sector. The concession for the maintenance of school buildings was halted by a court injunction requested by the São Paulo union of teachers.
