Impacts of the online Gambling Prohibition Policy - A Comparative Survey of Brazil versus the European Union
| Autor | João Ricardo Catarino - José Duarte Cordeiro - Ricardo de Moraes e Soares |
| Cargo | Universidade de Lisboa, Portugal - Ministério das Finanças, Portugal |
| Páginas | 51-85 |
Recebido em: 12/08/2020
Revisado em: 24/08/2020
Aprovado em: 26/08/2020
http://doi.org/10.5007/2177-7055.2020v41n85p51
Direito autoral e licença de uso: Este artigo está licenciado sob uma Licença Creative Commons.Com essa licença você
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Impacts of the online Gambling Prohibition Policy
– A Comparative Survey of Brazil versus the
European Union
Impactos da Política da Proibição do Jogo on-line – Uma Pesquisa
Comparativa Brasil versus União Europeia
João Ricardo Catarino1
José Duarte Cordeiro2,1
Ricardo de Moraes e Soares1
1Universidade de Lisboa, Portugal
2Ministério das Finanças, Portugal
Abstract: Online gambling is a form of
gambling. Its direct ban or lack of regulation
leads to loss of revenue. These are used to
support the social functions of the state. In
this research we analyse the estimates about
the relevance of online gambling, taking as a
reference the European Union where online
gambling activity is allowed. These data are
compared with estimates for Brazil that does
not allow online gambling. Some principles on
game regulation are proposed, which can serve
the Brazilian case, based on the experience of
European and world regulation.
Keywords: Online Gambling. Taxation. Social
Purposes. Regulation.
Resumo: O jogo on-line é uma modalidade dos
jogos de fortuna ou azar. A sua proibição direta
ou por falta de regulamentação induz perda de
receitas, que são usadas para apoiar as fun ções
sociais do Estado. Nesta pesquisa, foram anali-
sadas as estimativas sobre a relevância do jogo
on-line, tomando-se como referência a União
Europeia, já que lá a atividade de jogo on-line é
per mitida. Esses dados foram comparados com
as esti mativas para o Brasil, país que não permite
o jogo on-line. Propõem-se alguns princípios so-
bre a regulamentação do jogo que podem servir
para o caso brasileiro, tomando-se por base a ex-
periência da regulamentação europeia e mundial.
Palavras-chave: Jogo on-line. Tributação. Fins
Sociais. Regulamentação.
52 Seqüência (Florianópolis), n. 85, p. 51-85, ago. 2020
Impacts of the online Gambling Prohibition Policy – A Comparative Survey of Brazil versus the European Union
1 Introduction
Gambling is a historical and social phenomenon considered to be
a pernicious and unwanted activity. It began to be the target of absolute
prohibition which practice was repressed and condemned. However, the
increase in illegal gambling and its wide influence in social problems led
to regulation as a way to protect society and individuals.
The legal prohibition of random gambling had mainly moral
concerns and it was its vicious, if not immoral, character that was sought
to be achieved. The need to safeguard heritage, security, peace and public
order was invoked, avoiding feuds, schemes, fraud and other crimes.
Clímaco (2006, p. 482) points out that “[…] despite the
liberalization […], the conservative element that always involved the
game for various reasons – cultural, political and above all moral […]”
still remains. Duarte (2001, p. 89) states that “[…] the values protected by
the rules, particularly of a criminal nature, are good customs, property and
the tax interest”. However, it is undeniable that there are negative aspects
related to the practice of gambling that have important repercussions on
societies, causing damage not only to themselves, but also to third parties,
which can affect fundamental legal assets.
The regulation of the sector is decisive for channeling demand
towards the legal supply side and adapting this supply to the markets
size. It allows to control harmful aspects related to the illicit practice of
games of chance, such as fraud, money laundering, corruption, tampering
sports results, access by minors and compulsive gamblers and misleading
advertising. However, technology emerges with all its virtues and online
gambling needs that sovereign states take restrictive measures and
regulate differentially these services effectively as considering sector
specificities, such as the lack of direct contact, between the user and the
operator, and the easy access to online games in an isolated environment,
with no social control.
For more than a decade, different regimes have been in force in
Europe regarding online gambling, ranging from regulated authorization,
an absence of legislation to a total ban on gambling, varying between
Seqüência (Florianópolis), n. 85, p. 51-85, ago. 2020 53
João Ricardo Catarino – José Duarte Cordeiro – Ricardo de Moraes e Soares
different liberalized model degrees. As a rule, States grant licenses to
entities that intend to make games available online in their territories
subject to compliance with legal requirements and the payment of fees
and taxes.
However, the online gaming sector is still a young (but vibrant)
segment of the digital economy of our times, being one of the few areas
of technology led by European companies. Despite this new paradigm,
traditional operators (and monopolies) of land-based games continue to
boost their offline revenues while simultaneously expand their online
offering.
Thus, the purpose of this empirical research was the online game
in Brazil. The European position was analyzed regarding the reality
of remote gaming, systematizing the sector’s evolution through the
treatment of statistical elements. The data allowed us to understand the
phenomenon of online gambling in all its extent, the evolution trends and
the tax revenues level that it provides.
The applicable European law principles are identified and
articulated with the European Union Members, which can be applied in
the Federated States in Brazil. The evolution of online gaming revenues
obtained in Europe and in the World was estimated and Brazil revenue
losses were projected. It was observed that social gains resulted from the
legalization of online gambling, adopting clear principles and establishing
a complete and modern regulatory framework.
We believe that duly regulated online gambling promotes
acceptable social behaviors and can be an excellent source of revenue.
However, it became evident that areas of collective society were not
benefiting from the gambling investments, based on the comparative
experience of European game. The research was based on the consultation
of bibliography, reports, monographs, legislative sources, statistical data
from countries in the European Union and specifically the country under
study, Brazil.
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