The rapporteur of the Legal Framework for Electronic Games, Leila Barros (PDT-DF), presented her opinion to the Education Commission (CE) during a public hearing this Monday (11).
One of the main changes promoted by the senator was the exclusion of the mention of fantasy games, known as fantasy games/sports.
Furthermore, Leila added a series of articles to respond to the sector’s demands and follow experts’ recommendations.
“In fantasy games, players form imaginary teams, made up of characters that simulate the statistical performance of real athletes in a professional sport, such as football, volleyball or basketball”, explains the senator.
“I decided to separate the discussion about these games, leaving it to the project that addresses fixed-odd sports betting (PL 3,626/2023).”
Leila’s substitute also excludes slot machines and other online games from the definition of electronic games.
The changes proposed by the rapporteur were the result of a participatory process, relying on suggestions from civil society entities.
“The role of the legislator is this: to be provoked by actors in the sector. Parliament made the wise decision to bring it to the Education Committee and today we held this debate and delivered a long-awaited milestone”, said the senator during the hearing called to instruct o PL 2,796.
Advances and challenges: gaming industry perspectives after changes in the Senate
Upon the announcement of the presentation of the text, the guests classified the changes as an advance.
“I recognize a huge advance. Here is the sector. I can see the future of the country, the future of the gaming sector here. At this moment we see the child being born”, welcomed Márcio Filho, president of the Association of Digital Game Developers of the State from Rio de Janeiro.
According to sector representatives, gaming companies today face challenges such as the difficulty in importing machines and tools, barriers to attracting investment and training and hiring professionals, among other bottlenecks.
Raquel Gontijo, representative of Abragames (Brazilian Association of Game Developers), highlighted the progress of the proposal in the Senate.
“Until now there has not been this space for dialogue. It is a necessary regulatory framework for the growth of our industry.”
“We need to advance in understanding the importance of the sector for the development of the Brazilian economy”, added the Institutional Relations manager at Abragames.
Originating from the Chamber, the project includes electronic games under the same taxation rules as computer equipment.
As a result, investments in game development or production are now considered as an application in research, development and innovation (PDI).
The Information Technology Law (Law 8,248, of 1991) grants financial credit on PDI expenses to deduct federal taxes.
The role of electronic games in the development of Brazil
The Secretary of Regulation of the National Cinema Agency (ANCINE), André Luiz de Souza Marques; the president of Games For Change Latin America and professor at the University of São Paulo (USP), Gilson Schwartz; and the director of Amateur Sports, Leisure and Social Inclusion at the Ministry of Sports, Rejane Rodrigues, pointed out that in addition to the economic potential, the games industry has an important cultural impact.
After all, the games industry occupies a peculiar position in the creative industry, in the area of culture, just like cinema.”
Be careful with children and teenagers playing electronic games
Among the new features of the text is the inclusion of measures to protect children and adolescents in electronic games.
This includes the obligation to adopt safeguards such as systems to process complaints and reports, provide information on the outcome of reports, review decisions and penalties, and ensure transparency about the management of reports and communities.
“We have space to polish a wording based on jurisprudence and that guides the sector without opening gaps for commercial exploitation that puts children under consumerist pressure”, said Emanuella Halfeld, Government Relations analyst at Instituto Alana.
