Brazil's Sports-Betting Provisional Measure Due This Week

July 24, 2023
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Brazil’s sports-betting provisional measure may finally be about to see the light of day, with the latest reports out of Brasilia saying that the measure should be published today at the latest (July 24).

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Brazil’s sports betting provisional measure may finally be about to see the light of day, with the latest reports out of Brasilia saying that the measure should be published today at the latest (July 24).

A spokesman for the Ministry of Finance said that they had heard from Civil House, the executive office of the President, that the final version of the provisional measure was ready to be signed by President Luiz Inácio Lula da Silva (Lula).

The Civil House in turn said that the provisional measure is in its “final analysis”.

Luiz Maia, gambling legal expert and founding partner at Maia Yoshiyasu, confirmed that the provisional measure was apparently imminent.

Rafael Marchetti Marcondes, legal director at operator Rei do Pitaco, for his part, cautioned watchers to maintain the usual patience that has been required over the last four years.

“It could really happen. The [provisional measure] arrived there Tuesday (July 18). I think Casa Civil may take some time to analyse. It’s possible but I don’t put all my faith in that.”

The last time the provisional measure appeared imminent, it was pulled hours before it was meant to be published and after an official draft had already been circulated.

The new provisional measure is meant to address taxation and basic requirements for operators. Currently, the planned headline tax rate is 16 percent, plus between 10 and 13 percent more towards social security and other business taxes.

Meanwhile, a sports-betting bill will address remaining matters, including safeguards against match-fixing and other penalties.

The latest news is that this urgency bill is expected to be enacted by the Chamber of Deputies upon their return from recess in August, as it is currently on Lula’s desk.

It was originally claimed that the bill would not be passed until the chamber finished its investigation into match-fixing, which will resume on August 2 and is due to run until at least September.

Lula and the powerful leader of the Chamber of Deputies, Arthur Lira, met on Friday to decide the appointments for key ministers. According to Marchetti Marcondes, Lula was expected to acquiesce to Lira’s preferred appointees.

That agreement is expected to unlock progress on sports betting, meaning that the provisional measure will be published and the bill will be turned over to the Chamber of Deputies.

The provisional measure will take effect immediately when it is published, but Congress will have a period of 120 days to approve it. It is considered by either the Chamber of Deputies or the Senate depending upon its number, in a randomised system.

The sports-betting bill is an urgency bill, meaning that each chamber has 45 days to debate it.

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