Legal Framework for Games is sanctioned by Lula; understand what changes

With the sanction of President Lula (PT) of the Games Legal Framework this Friday (3), the first week of May became decisive for the gaming industry in Brazil. PL 2796/2021 aims to regulate all relevant aspects of the production, import, commercialization, development and commercial use of games.

Furthermore, it establishes guidelines for the sector, including the protection of children and adolescents, with a reporting system; stimulating capital for investments in the sector, through the Audiovisual Law and the Rouanet Law; the possibility of including games in the National Digital Education Policy with implementation in schools for teaching and the recognition of professionals in the sector, including them in the MEI categories and in the Brazilian Classification of Occupations (CBO).

In a scenario where the gaming industry generates more than 13 billion reais in Brazil, the Marco paves the way for a safer and more favorable environment for the growth of this creative industry in the country. Márcio Filho, president of the Association of Digital Game Developers of the State of Rio de Janeiro (RING) and specialist in Games and Society, is optimistic about this advance in the sector.

“The sector’s expectation with the sanction is that we can see investments and opportunities in the area multiplied. It is estimated that over the next three years, we will see the entry of 200 to 300 million reais annually in private investments in the sector, the multiplication on a two to three-fold basis of the total volume of employees in the sector in the next decade, and, therefore, the creation of opportunities that place Brazil at a more prominent level in the global production cycle”, he explained.

The sanction of the legislation responds to the sector’s requests for regulation. However, the approval of the Legal Framework is only the first step in a broader process.

“It is essential that we have a good dialogue with the government, in order to promote regulation, if possible, even before the time specified in the law. The first part, immediately after the approval of the law, is that the government can have open doors for dialogue, building regulations that promote the economic growth expected with the sanction”, says Márcio Filho.

Check out the changes in the electronic games sector with the sanction of the Games Legal Framework

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One of the main changes was the removal of Fantasy Games from the regulatory scope.

Protection for children and adolescents

The text also represents an advance in relation to associations defending the interests of children and adolescents, including, for example, the monitoring of cases of violence and abuse in the virtual environment. Game suppliers will need to pay attention to their services, so that they do not neglect situations of exploitation, violence, among other factors, as well as offering accessible access to games for children and adolescents with disabilities.

In this sense, the text also provides for the creation of protection mechanisms such as the creation of a complaint and reporting system against abuse suffered by children, carrying out an indicative age classification and seeking parental permission for purchases within the games.

Technology and education

Another point raised by the substitute text is the possibility of electronic games being implemented in the National Digital Education Policy, being used in schools as a form of teaching, with the creation of a free-use repository in accordance with the National Common Curricular Base (BNCC) .

Incentives

The Bill also presents measures aimed at promoting the business environment and increasing the availability of capital destined for investments in the sector, through the Audiovisual Law and the Rouanet Law.

In the case of the first, companies will be able to deduct up to 70% of investments in electronic games in the Income Tax and CSLL calculation basis. In addition, they will be able to enjoy other benefits provided for in the legislation, such as a 50% reduction in the Tax on Industrialized Products (IPI) on machines and equipment used in development, in addition to the accelerated depreciation of equipment and inputs.

The Rouanet Law allows the Income Tax deduction of donations made to projects aimed at promoting the production or co-production of independent Brazilian electronic games, as well as for training professionals in the area.

Companies and entrepreneurs

One of the objectives of the replacement text is to forward professional regulation in the sector, including the recognition and inclusion of MEI categories and also of professions in the Brazilian Classification of Occupations (CBO). Furthermore, electronic gaming companies in the country will be formally recognized, through the determination of the creation of the National Code of Economic Activity (CNAI), relating to activities related to games.

Companies, individual entrepreneurs or micro-entrepreneurs may also receive special treatment under the Inova Simples regime, Simples Nacional, as well as in partnerships with scientific, technological and innovation institutions (ICT).