After a long and troubled process, the replacement version of PL 2796/21known as Legal Framework for Gameswas finally sanctioned by President Luiz Inácio Lula da Silva (PT) this Friday, the 3rd. Now, the expectation is that the new law, the full text of which can be seen by clicking here, will be published in the Official Gazette and will already come into force next Monday, the 6th.
The Games Legal Framework is an important step towards regulating the manufacture, import, commercialization, development and commercial use of electronic games in Brazil, with public policies aimed mainly at the work category. He defines electronic games as interactive audiovisual works, boosting the economic development of the sector, formally recognizing professionals and ensuring cultural tax incentives – among them the Rouanet Law, Paulo Gustavo and Aldir Blanc.
The original text, authored by federal deputy Kim Kataguiri (União-SP), was aimed solely at the consumer sector with the reduction of taxes, such as Tax on Industrialized Products (IPI) and Tax on the Circulation of Goods and Services (ICMS); the use of games for educational purposes and in the rehabilitation of people with disabilities (PwD) in public hospitals; and the ambiguous categorization of electronic games as software.
Controversies and approval
However, the simplistic nature of the original proposal meant that the agenda was quickly co-opted by bookmakersthe famous “bets“, under the facade of “fantasy games” – who even tried https://twitter.com/RiqueSampaio/status/1706873878360785154 during its processing by the Senate.
Fortunately, the report by senator Leila Barros (PDT-DF) and Flávio Arns (PSB-PR) led to the approval of the replacement version of PL 2796/21, which excludes the bets and was the result of proactive consultations with several regional developer associationsincluding the Abragames and the RINGfrom Rio de Janeiro, in order to meet the true demands of the category.
Another important point of the Games Legal Framework are the guidelines that aim to protect children and adolescents, ensuring environments that do not encourage negligence, discrimination, exploitation, violence, cruelty or oppression. It also makes foreign investment in Brazilian studios viable, as companies will have a reduction of up to 70% in taxes linked to licensing and production.
Several of the PL’s ideas were based on the booklet’s proposals Lula Playdelivered to the current head of the Executive during his 2022 presidential campaign. The intention was to suggest the development of public policies that would promote the consumer market and the gaming production sector in Brazil, with the participation of dozens of professionals and experts.
