Detalhes da possível regulamentação das apostas esportivas no Brasil são revelados
Prevista para acontecer até meados do próximo dia 10 de maio, a possível regulamentação das apostas esportivas no Brasil teve alguns dos seus detalhes revelados pela imprensa nesta semana. O texto base do decreto de lei, que pode ser assinado pelo presidente Jair Bolsonaro nos próximos dias, foi vazado e tornou públicos alguns detalhes de como o país pretende regulamentar esse mercado tão popular atualmente.
A imprensa teve acesso a minuta do decreto, ou seja, o texto base da lei que pode ser assinado pelo presidente em breve. Por se tratar apenas de uma minuta, o texto do decreto pode sofrer alterações, mas muitas das informações que foram reveladas devem se manter iguais. Entre as revelações do documento, estão que a exploração das apostas esportivas dependerá de autorização do Poder Executivo Federal.
De acordo com informações constantes na minuta, o modelo a ser adotado pelo Brasil é o de autorização, em que o pretendente deve apresentar a solicitação para operação junto com os documentos exigidos pelos órgãos brasileiros. Também não deve haver limite em relação ao número de autorizações, sendo elas concedidas a pessoas jurídicas de direito privado que ofereçam serviço aos apostadores localizados em todo o território nacional.
Responsabilidade do Ministério da Economia
Ainda segundo as informações vazadas do texto base do possível decreto de regulamentação das apostas esportivas no Brasil, caberá ao Ministério da Economia a competência para autorizar, normatizar, regular, supervisionar e fiscalizar as apostas esportivas no país. Segundo fontes do site Games Magazine Brasil, o documento não menciona qual órgão terá tal atribuição, mas seria quase certo que essa responsabilidade ficaria a cargo da nova Subsecretaria de Assuntos Especiais, Loteria e Zonas de Processamento de Exportação.
Em relação aos pedidos de autorização, os órgãos reguladores terão 30 dias para analisar a documentação e comunicar ao interessado que apresente os documentos finais. Em até 60 dias, o regulador deverá concluir a análise sobre o deferimento do pedido. Sobre as empresas que já estão em operação no Brasil, elas terão condições e prazos mínimos de seis meses para que se adequem às mudanças e regularizem a sua situação perante a lei.
O documento vazado aponta que as autorizações terão validade de cinco anos para que as empresas atuem no país. A taxa de pagamento prevista para obtenção da liberação seria de R$ 22,2 milhões. Entre os documentos que podem ser exigidos pela legislação brasileira, a minuta fala em exigência de comprovação de qualificação técnica, prestação de garantia bancária ou financeira e também sobre certificação internacional de sistemas, entre outras exigências.
Empresas estrangeiras
Para empresas estrangeiras que desejarem operar no Brasil, o texto da minuta prevê a exigência de uma filial no país, além de capital e capacidade econômica financeira suficiente para suportar as atividades a serem realizadas. Entre as exigências de funcionamento desta filial, estão a contratação mínima de quatro profissionais por parte da empresa, que serão designados para tocar a operação em território brasileiro.
Além dessas informações, o texto da minuta revela as regras de funcionamento das apostas esportivas no Brasil, como prazo para pagamento de prêmios, condições para recolhimento da contribuição para a seguridade social e valores relativos aos repasses sociais, bem como o recolhimento do imposto de renda sobre a premiação. Tema polêmico do debate sobre a regulamentação, a alíquota de imposto de renda não foi apontada no texto vazado.
Outra definição importante que aparece no texto base da regulamentação refere-se a realização das apostas, tanto físicas quanto virtuais. Para todas, será exigida a identificação de quem se apresente para realizar a aposta, em nome próprio ou de terceiro, por meio do fornecimento do número de inscrição no Cadastro de Pessoas Física (CPF) e, se for estrangeiro, do passaporte ou documento oficial de identificação, o país de residência do apostador estrangeiro e o seu Número de Identificação Fiscal (NIF).
Vai sair?
A previsão apontada pela imprensa fala em decreto sendo assinado pelo presidente Jair Bolsonaro até 10 de maio. Ou seja, parece que nunca estivemos tão perto de vermos as apostas esportivas sendo regulamentadas no Brasil. O texto base da regulamentação que foi vazado traz algumas informações que já circulavam pelos bastidores, como a exigência de filial no Brasil para operadores estrangeiros e outras coisas.
Contudo, essa minuta também desmonta a ideia de que haveria um limite no número de concessões autorizadas pelo poder público e volta a jogar uma nuvem cinzenta a respeito das condições financeiras envolvendo a cobrança de imposto em relação aos ganhos dos apostadores. Como alertamos, a minuta é apenas um texto básico do projeto e pode sofrer alterações a qualquer momento. O que vai valer, no final das contas, será aquilo que for realmente sacramentado. Entretanto, já começamos a ter um pouco de ideia daquilo que vem pela frente.
Escrito por Sérgio Ricardo JR
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