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The Brazil betting industry has faced increasing scrutiny of late over claims that families are falling into debt because of gambling.
The president is not seeking to introduce the measures through a full bill, as the legislative process in Congress could reduce their immediate political impact ahead of the elections.
Some factions within the government, especially the Ministry of Finance, are resisting more drastic measures. The Ministry of Finance, responsible for regulating sports betting and online gaming, understands the sector’s importance to the economy. Finance Minister Dario Durigan’s difficulty lies in convincing Lula that a well-regulated activity is important for public finances. Lula has said, in line with critics of the sector, that if it were up to him, he would end betting in Brazil.
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The committee’s previous 2020 report had recommended banning gambling ads on team shirts, training kits, stadium advertising and broadcasts, although on-course advertising for horse and greyhound racing was exempt.
The report rejected argumentswarning that advertising restrictions would drive consumers to illicit gambling sites. They citied weak evidence for mass migration to illegal operators following advertising limits.
“Interviews [ … ] with representatives of state monopoly operators across European jurisdictions consistently suggested that advertising restrictions did not lead to consumer migration towards illegal operators,” the report said.
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However, the latest filing does not create such a system right away. Its OIRA entry describes the action as a preliminary measure and says it is not economically significant under the relevant review criteria. No legal deadline has been listed for review either.
It could, therefore, take quite a bit longer than the timing of the initial filing indicates. The CFTC would have to publish its action and solicit public comment after White House review before writing a formal proposed rule. Any final rule would have to undergo another review and comment period before it could take effect.
The distinction matters for crypto businesses. The filing shows regulatory work is moving forward, but exchanges and other market participants cannot yet consider it a set of rules they must adhere to.