Bill that regulates platforms such as Cartola and Rei do Pitaco awaits a vote in the Senate
A second screen in TV broadcasts refers to the use of additional devices, such as smartphones, tablets or laptops, to complement the television viewing experience. During sports events, this new window has been increasingly disputed by sectors that are still unregulated in Brazil, such as sports betting and fantasy games, markets that have soccer as the backdrop and are in different stages of the process of defining laws and standards for operation in the country.
While the federal government awaits the progress of the CPI on gambling to define whether the sector will have its rules established via a bill or a provisional measure, the bill 2.796/2021, which creates the legal framework for the electronic gaming industry and for fantasy games, is already awaiting a vote in the Senate plenary. The proposal explicitly excludes slot machines and the like from the definition of electronic games. The state will be responsible for the indicative age classification of the games, but no authorization will be required for the development and operation of the games. It is also free to promote competitions involving users, including the distribution of prizes.
On the last day 6, the text that has already been approved by the House of Representatives was also approved by the Economic Affairs Commission, where it was handled under the rapporteurship of Senator Irajá (PSD). Now it can receive eventual amendments from the senators. If, however, it is approved without changes, it will be sent to presidential sanction. The proposal was well received by the sector, especially because it disassociates it from the so-called games of chance, among which are sports betting. To the report, the senator from Tocantins said that the text may be voted on before the July recess and should be approved by the Plenary. "The approval in CAE was a good thermometer. There was no divergence of any kind on the merits."
In a fantasy game, each player takes on the role of coach and creates fictitious teams made up of real athletes from a certain sport. Each squad is formed according to a virtual budget, and all participants compete against each other based on the performance of those players in real events. In addition, fantasy games often involve competition and interaction between players on the platform, such as the creation of a fictional club league, where players compete to determine who achieves the highest scores in each round and for the entire season.
Based on this definition, market platforms, experts and industry representatives define fantasy games as skill games, because the performance of the participants would be predominantly determined by technical and analytical skills. "Strategic skill, sports knowledge and the ability to analyze data are key to stand out and outperform other competitors," says the vice president of ABFS (Brazilian Fantasy Sport Association), Lucca Baldassarini.
For the lawyer specializing in the gaming market and eSports Marcelo Mattoso, from the law firm Barcellos Tucunduva Advogados, "just like in poker, for example, the ability of the player to understand the scenario of that Fantasy overrides luck." The understanding is also shared by the bill's rapporteur, according to whom, after the analysis of his technical team, "it was clear that electronic games and fantasy games have nothing to do with games of chance." The ABFS vice president also adds that another significant difference is related to the form of awards in each sector. "In fantasy games, the minimum prizes are pre-set and there is no variation according to the number of competitors. In sports betting, on the other hand, the awards can vary throughout the sporting event, according to the number of participants and the course of the match."
According to the entity, the fantasy market moved more than US$ 1.5 billion (R$ 7.2 billion) in South America in 2022. With the regulation in Brazil, the expectation is that this number can reach US$ 2.3 billion (R$ 11.1 billion) per year. In addition, the guidelines will "bring more legal security to operators, consumers and investors in the sector, with the clear definition of the classification of the modality and the definition of specific rules," says the lawyer specialized in Game Law Filipe Senna, partner at Jantalia Advogados. Currently, the two largest Brazilian companies in the sector are Cartola FC, from Grupo Globo, and Rei do Pitaco, co-founded by Matheus Dantas, currently the CEO of the startup.
According to the entrepreneur, the main source of revenue of the platforms is the collection of monthly fees for players to have access to virtual competitions or through a registration fee for a dispute. In return, the companies do all the organization and maintenance of the virtual tournaments. "The platforms act in a similar way to CBF when organizing a soccer competition," says Dantas. "The return to the participants is the same as that of a soccer championship, which is to award the best in the competition.
The top finishers receive prizes defined before the championships begin." An advocate of regulation, the businessman also believes that the definition of clear rules for the sector should increase competitiveness. "Only with clear guidelines will companies, mostly startups, be able to accelerate their growth. "When contacted, Cartola's advisors did not respond to our questions until the completion of this text.
Source: Folha de São Paulo