THE President Lula sanctioned this Tuesday afternoon (24) the Law No. 15,358which establishes the Legal Framework for Combating Organized Crime in Brazil, known as the Raul Jungmann Law. The text signed by the president was published in the Official Gazette of the Union this Wednesday (25).
THE new legislation establishes a structural change in the way the Brazilian State confronts criminal factions, militias and paramilitary groups, including specific measures aimed at combating the irregular exploitation of fixed-odd betting.
Among the provisions aimed at the betting sector, the new law determines that, when irregular exploitation by an unauthorized individual or legal entity is found, financial and payment institutions must block accounts used by illegal operators and prevent new transactions intended for the operation of these platforms. The text also establishes that the blockade must respect due administrative process, guaranteeing contradictory and broad defense, in addition to preserving the reimbursement of amounts to bettors.
The legislation also assigns the Central Bank of Brazil and the Ministry of Finance the responsibility for regulating the operational procedures necessary to implement these measures. Furthermore, any amounts declared lost in blocked accounts may be allocated to the National Public Security Fund.
Another relevant point of the new law provides that financial and payment institutions must integrate interoperable systems for sharing information on signs of electronic fraud. The objective is to identify unauthorized operators, prevent transactions with these platforms and apply measures such as blocking, refusal or reinforced analysis, depending on the degree of risk.
The law also determines that the Prizes and Betting Secretariat it must receive information about signs of fraud and will be able to maintain an updated public database of unauthorized operators, which will be used by financial and payment institutions to prevent irregular transactions.
Within the scope of the Pix system, the new legislation determines that the Central Bank regulates specific mechanisms to prevent the misuse of infrastructure by illegal operators. Among the planned measures are the creation of an exclusive transaction modality for bets with the registration of authorized operators, automated filters based on CNAE, integration with risk directories and the insertion of visual markings on bank statements for transactions related to betting.
The law also establishes that financial institutions must adopt reinforced diligence to prevent transactions with unauthorized agents. In addition, maintaining commercial relationships with illegal operators, failing to implement compliance and money laundering prevention mechanisms, or even running advertising and promotional campaigns by unauthorized operators are now considered infractions.
The text also prohibits advertising, advertising or promotion — in physical or digital media — of betting operators without valid authorization, including actions carried out by digital platforms, influencers and marketing companies, as long as there is unequivocal knowledge of the irregularity.
Fonte: Gaming365 – Brasil
