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On October 19, 2022, the Brazilian Parliament approved Bill No. 2.796/2021 creating a legal framework for the Brazilian gaming industry, considered the largest electronic game market in Latin America, and approximately R $ 12 billion in 2021 and 6% growth forecast for this year.
The Bill seeks to regulate commercial activities related to the creation, development, import, and marketing of video games, on any type of platform (desktop, mobile, PC, or subscription). , including entertainment services related thereto. called “fantasy game”. The Bill sets out the definitions of “video games” and “fantasy games”, as follows:
- Video Games: a software program that contains graphic and audio elements, under the provisions of the Brazilian Software Law, and game programs, through which the user controls the operation and interacts with the interface; central hardware and equipment, for personal or commercial use, specifically dedicated to the operation of video games; and mobile application software and/or web pages designed for entertainment and fantasy games, not including “slot machines” or other games of chance;
- Fantasy game: disputes that occur in a virtual environment, based on the performance of players in real sports events, where (a) virtual teams are created whose performance depends heavily on knowledge, strategy and user skills; (b) prescribed by law, including the existence of any form of exemption; (c) the value of the award does not depend on the number of participants or the amount of collection and collection of registration fees; and (c) does not result from the score or isolated action of a single athlete or team in the actual competition.
Other important parts of the Bill indicate the legal need to develop a national gaming industry – tax incentives to the manufacturing and development sectors as well as the provision of government programs for development of human capital for business.
With approval from the House of Representatives, the Bill has now been sent to the Senate for scrutiny, and if approved it will be subject to presidential assent or veto.
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