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Lotteries in Brazil: exploring legal opportunities in the states and the Federal District

This Thursday (9), the third and final day of BiS SiGMA South America, in São Paulo, a chat about “Lotteries in Brazil” explored opportunities in the 26 states and the Federal District.

The session addressed the transformations in the lottery sector in Brazil, focusing on new legal opportunities and their implications for both public bodies and private companies.

Roberto Brasil Fernandes, renowned lawyer in Lottery Law and author of Lottery Law in Brazil, led the discussion. He explained how recent changes in legislation have allowed states to run their own lotteries.

The most important change was the ADPF 493 decision of 2020, which confirmed the legality of the operation of lotteries by states.

New opportunities for state lotteries

Brazil’s lottery system has changed a lot, especially now that states can create their own lotteries. Daniel Fernandes, partner at Brasil Fernandes Advogados, gave a brief history of the system.

He highlighted that there are currently many more opportunities for state lotteries, especially in areas such as sports betting, which can generate significant revenue for local governments.

Fernandes also discussed how clear laws and new regulations are allowing private companies to work with governments. “The new regulatory framework generated enormous interest in both the public and private sectors”, explained Fernandes.

“Although we see significant growth in this market, the challenge lies in balancing regulation with the public interest,” he added.

Fernandes shared estimates that indicate that the lottery sector could generate billions of reais, contributing to social programs and boosting local economies. But panelists also noted that this growth comes with challenges.

“The key to a thriving lottery market is to ensure a fair balance between commercial interests and social responsibility,” said Fernandes. He also expressed concern about responsible gambling, tax rules and the prevention of compulsive gambling.

Overview of the lottery market in Latin America

In another panel entitled “Contemporary Panorama of the Lottery Market in Latin America”, Mayra Gallucci, who leads the Policies and Programs Department at LOTBA (Lottery of the City of Buenos Aires), spoke about responsible gaming and compliance with regulations.

Mayra, a psychologist specializing in compulsive gambling, emphasized that online gaming agencies in Latin America now have responsibility certifications and also need to comply, as a condition for operating, with a responsible gambling framework. This requirement ensures that operators are held accountable for responsible gaming practices and consumer protection.

The future of lotteries in Brazil

Looking ahead, the session concluded with a discussion on the broader implications of these new legal frameworks. For both private operators and government agencies, the future of the lottery sector in Brazil is promising, with opportunities for collaboration and growth in several states.

As new regulations continue to be developed, there is potential for expansion.


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