The Senate Plenary approved bill (PL) 2,796/2021, which establishes the legal framework for the electronic games industry in Brazil.
The rapporteur, Senator Leila Barros (PDT-DF), highlighted the importance of the measure, which now goes for new analysis in the Chamber of Deputies.
Federal deputy Kim Kataguiri (União-SP) is the author of the project, which regulates the manufacturing, import, commercialization and development of electronic games.
The text also proposes measures to encourage the business environment and increase the capital available for investment in the sector.
Definition of electronic games used in law
According to Senator Leila Barros, Brazil is a creative country, with brilliant minds and the electronic games sector is the fastest growing in world entertainment. This can generate significant revenue and attract millions of players around the world.
Thus, the project characterizes electronic games as computer programs that use graphic and audiovisual elements for entertainment. It is possible for the user to control the action and interact with the interface.
The text also includes devices and accessories used to run games, such as consoles, cell phone applications and websites with games.
However, the project excludes slot machines, betting games and lotteries, as well as fantasy games, from the definition. In the latter, participants form imaginary teams of real players from a professional sport.
In any case, this type of online gambling is already regulated by Law 14,790, of 2023, which deals with fixed odds bets, known as bets. The project provides special treatment for the promotion of games by:
- Individual entrepreneurs
- Business companies
- Cooperatives
- Simple societies
- Individual microentrepreneurs (MEI)
Developers’ gross revenue cannot exceed R$16 million in the previous calendar year. For companies with less than a year of activity, the established value is proportional to R$1.3 million for each month of activity.
Furthermore, the project encourages the use of innovative business models to generate products or services, in accordance with Law 10,973, of 2004, which encourages innovation and scientific and technological research.
Regulation can help strengthen the sector
There is also special treatment for those who fall under the special Inova Simples regime, provided for in Complementary Law 123, of 2006. So, for senator Leila Barros, the regulatory framework may:
- Promote the growth of the sector
- Create jobs
- Combat illicit activities
- Reduce the tax burden
- Increase government revenue
- Provide visibility and legal security for the games industry
The project also brings tax benefits to the sector, such as a 70% reduction in Income Tax due on remittances abroad related to the exploitation of electronic games or licensing, as provided for in the Audiovisual Law (Law 8,685, of 1993).
In the Rouanet Law (Law 8,313, of 1991), the text contains provisions to encourage the production or co-production of independent Brazilian electronic games. For Leila Barros, the project has the potential to “correct imbalances and boost the games sector in Brazil”.
The project also considers the manufacture, import, sale, development and commercial use of electronic games to be free.
But the only caveat is that the State must provide an indicative age rating for the games. Development and exploration will not require authorization.
With regard to age classification, risks related to the use of microtransaction mechanisms will be considered.
In-game purchasing tools must guarantee restrictions on commercial transactions made by children, with the consent of their guardians.
Therefore, games aimed at children and teenagers with interaction between users via text, audio or content exchange must offer safeguards to protect users, such as complaints and reporting systems.
The terms of use will prohibit practices that violate the rights of children and adolescents, and parental supervision and moderation tools will be updated regularly.
Electronic games for entertainment only
Electronic games can be used not only for entertainment, but for other activities such as:
- Recreation
- Therapeutic purposes
- Training
- Qualification
- Communication and advertising
- Education, for didactic purposes, in school environments
But all these applications must comply with the National Common Curricular Base (BNCC).
Therefore, the public authorities must encourage the creation of technical and higher education courses and other forms of training for game programming. Furthermore, it cannot require special qualifications or state licenses from game programmers and developers.
The project also allows the work of minors in the development of games, as long as the rights of children and adolescents and labor legislation are respected.
Senators Rodrigo Cunha (Podemos-AL), Teresa Leitão (PT-PE), Eduardo Girão (Novo-CE), Flávio Arns (PSB-PR) and Astronaut Marcos Pontes (PL-SP) celebrated the approval of the project. Teresa Leitão highlighted advances related to the rights of children and adolescents and accessibility.
Rodrigo Cunha highlighted that the electronic games industry earns more than the music and film industries, highlighting the importance of stimulating the sector in Brazil.
Marcos Pontes added that the same technologies used for entertainment can also be used for education, industry and the development of procedures, among others.
