There is no difference between online gambling and stationary gambling for horse racing, provided that the general betting plan explicitly indicates the possibility of both. For lotteries, Caixa does not allow its outlets to accept remote bets. Almost all gambling activities have been banned in Brazil for more than 70 years. Since the general ban on gambling in 1941, the only legal gambling activities have been lotteries under the state monopoly and competitions for horse racing. According to Brazilian law, poker is a game of skill and is therefore not illegal. Participation as a player in illegal gambling can result in a fine. Since section 50 of the Offences Act was recently amended by Law 13.155 of August 4, 2015, players and related companies who are involved in illegal online or offline gambling will be fined between 2,000 and 200,000 reais. A legal vacuum currently allows offshore operators to offer their gaming products to Brazilian citizens. One of the general rules on contracts in Brazilian law is that a contract by and between the absent parties is considered to be executed in the place of the supporter. This is reproduced in Article 9, paragraph 2, of the Brazilian Law Of Introduction Act (Decree 4,657 of 4 September 1942) and Article 435 of the Brazilian Civil Code. Gambling is generally not regulated in Brazil.
Indeed, since the 1940s, Brazil has been a closed gambling market, where only government lotteries and horse betting are awarded. For a short time in the 1990s, bingos and slot machines were allowed, but they were banned in the mid-2000s. However, the general view is that gambling activities in Brazil are a smokescreen for money laundering and that gambling activities are conducted by criminal organizations. This is due to the fact that bingo halls, slot machines and Jogo do Bicho are easily accessible in Brazil, despite the general ban currently in force. As a result, the regulation of gambling in Brazil is still in the years. “Game” is a type of contract expressly designated by the Brazilian civil code, but not defined. Its definition is provided by the case law. Although they are not specifically focused on gambling, the general rules on advertising are in Brazil, in Decree 57.690 of 1 February 1966 and decree 4.563 of 31 December 2002, as well as in Law 9.613 of 3 March 1998 and Law 12.846 of 1 August 2013. 2018 was a very positive year for the regulation of gambling in Brazil. In December, Law 13.756 created the sports betting lottery method with fixed quotas, which gave the Ministry of Economy the power to regulate and issue licences.
Under the Criminal Offences Act, gambling is prohibited in Brazil. Any form of gambling activity that has not been expressly authorized by law may be considered illegal under the scope of the law and any person engaged in such activity may therefore be subject to criminal prosecution.