The Fortune Tiger phenomenon, popularly known as the "tiger game", has proliferated on social networks such as Instagram, Facebook and WhatsApp. This growing exposure has raised questions about the legality of this game in Brazil. To clarify these doubts, N10 Notícias spoke to Marcelo Mattoso, a partner at Barcellos Tucunduva Advogados (BTLAW) and a specialist in Games, Gaming and eSports Law.
Currently, the main question is whether Fortune Tiger is legal in Brazil. According to Marcelo Mattoso, "the 'tiger game' is considered gambling in the form of a 'casino', which is prohibited by current legislation." Article 50 of Decree 3688/41 classifies this practice as a criminal offense. Congress is currently considering Bill 2234/22, which aims to legalize casino, bingo and jogo do bicho activities, which could change the legal scenario for these games in the country.
When asked about legal precedents or court cases involving Fortune Tiger, Mattoso explains that "as it is an illegal activity, there are few or no lawsuits on the subject. Those who feel wronged are unlikely to go to court, as the user can also be held responsible for the offense."
Differences with fixed-odds bets
An important distinction is between Fortune Tiger and fixed-odds betting, which is regulated in Brazil. Fixed-odds bets are a lottery method approved by Laws No. 13.756/2018 and No. 14.790/2023, regulated by the Ministry of Finance. "These bets involve the results of sports competitions with several variables in addition to luck," explains Mattoso.
"The'tiger game' depends exclusively on algorithms and luck, characterizing it as a casino game, which is prohibited by our current legislation."
This distinction significantly affects the perception and legal treatment of these modalities. "Legislation needs to be separate and specific," emphasizes Mattoso. "While fixed-odds betting requires caution regarding the manipulation of sports results, casino games need regulations on the randomness of algorithms."
Social and economic impact
The popularization of Fortune Tiger in Brazil could have significant economic and social impacts. Mattoso notes that "the use of casinos is already a reality among Brazilians, even if they operate abroad or online. Regulating the sector would bring economic benefits through taxation." He also stresses the importance of social awareness: "It is crucial to educate the population so that they see this activity as entertainment and not as a way of life or a pathology."
The lack of concrete data on the effects of this type of gambling in other jurisdictions limits a precise analysis. "Any study on the subject may have a marketing or ideological bias, and studies done elsewhere may not apply to Brazil due to our cultural peculiarities," warns Mattoso. "The idea is that, over time, Brazilian society will observe the behavior of this market so that legislation can be adjusted as necessary."
Bill processing
Bill 2234/22, which seeks to regulate games of chance in Brazil, was recently approved by the Senate's CCJ with 14 votes in favor and 12 against, demonstrating the controversy of the issue. "The main points of attention are adequate taxation and preventing the use of these games for money laundering and other illicit activities," says Mattoso.
The approval of this bill could bring legal certainty to both users and the companies that operate this activity. "With proper regulation, we will have effective control mechanisms and greater protection for the user," says Mattoso. "Currently, a user who has been injured on a foreign casino site faces great legal and financial difficulties in seeking compensation."
Responsible gaming
Promoting responsible gambling is key to minimizing the risks associated with Fortune Tiger. According to Mattoso, "it is essential that users understand that this is a recreational and entertainment activity, not a way of life."
For platforms and players, he recommends "awareness policies, anti-fraud tools and strict monitoring of activities, as well as unrestricted access to data for the competent authorities."
International regulation
Other countries have different approaches to regulating gambling, often including awareness-raising policies and strict control. "Each country has its own regulations, and many that have not yet legalized gambling are considering doing so for the same reasons we discussed, such as taxation and control," says Mattoso. However, he emphasizes that "Brazilian legislation must be adapted to our own cultural and social characteristics, and not simply copy foreign models."
International best practices
International best practices include robust awareness policies, anti-fraud mechanisms, and control and monitoring of gambling activities. "Unrestricted access to data by the authorities is crucial," says Mattoso, stressing the importance of efficient oversight to ensure the integrity of the sector.
The Fortune Tiger situation in Brazil continues to be debated, with a need for clear regulations to protect users and ensure a fair gaming environment. The progress of Bill 2234/22 and the implementation of responsible gaming practices are important steps for the future of this market in the country.
