The Superior Electoral Court (TSE) issued rules to clarify that electoral betting activities are prohibited throughout the country.
Thus, the decision was approved unanimously in a session last Tuesday (17), preventing operators from linking any bet involving the name of any candidate (mayor or councilor) in this year’s elections.
Operators were allowing electoral bets in the main capitals
Some bookmakers were allowing bets in the country’s main capitals, such as:
- São Paulo
- Rio de Janeiro
- Manaus
- Porto Alegre
- Salvador
- Belo Horizonte
In December 2023, the National Congress approved the bill that organizes the sector. The fixed odds betting lottery is a system that includes virtual online gaming events, but is also permitted for real sporting activities such as football games.
The rapporteur of the process is minister Cármen Lúcia, who is also president of the TSE. Minister André Mendonça also agreed with the measure. Experts highlighted that there is no legal framework for this practice. But now, with the TSE’s decision, this type of bet becomes an electoral crime.
Reflections on the TSE decision
Wesley Araújo, member of the Academy of Electoral and Political Law (Abradep) in Brazil, declared that the new decision “is a crucial measure to preserve the integrity of the election. This resolution is an important step to ensure that elections take place without external interference and with complete equality between candidates and parties.”
Lawyer Fabrício Medeiros said he understands the TSE’s reason, but states that the process cannot be implemented by decision.
“Although I understand the TSE’s zeal in relation to the topic, I am concerned about the creation of this prohibition through a merely regulatory act, and not through a law, that is, a normative act produced by the Legislative Branch”, he commented.
Last Tuesday (17), the Minister of Treasury, Fernando Haddad, declared that the government will bring forward some actions to help prevent and combat gambling addiction.
The regulated market for fixed-odd bets known as “bets” will begin on January 1, 2025. Therefore, from that date onwards, all rules to combat: fraud, money laundering and abusive advertising will come into force.
Thus, the first measure was published last Tuesday (17) in the Official Gazette of the Union (DOU). It established that, from October onwards, there will be a suspension of bookmakers that do not request authorization to operate in the country. In other words, bookmakers will be classified as illegal and their websites will be blocked.
Government expects to raise more than R$3 billion from the sector in 2024
However, those who requested permission and the process is still under analysis, will then be able to continue working until permission is granted.
The government will publish a list of websites authorized to operate from October. Therefore, the ministry hopes to complete the process of analyzing the certification request in December.
Approved companies will pay a financial subsidy of 30 million reais for their operations directly in Brazil. The Union will be able to raise more than 3 billion reais through simple grant payments in 2024.
