With the aim of targeting digital influencers who operate raffle and lottery systems that do not comply with the law, the Public Prosecutor’s Office of Rio Grande do Sul ordered search warrants against the comedian from Rio Grande do Sul, Nego Di, and his wife Gabriela Sousa, in Santa Catarina. The action was called Operation Rifa$.
Remember the case
The Public Prosecutor’s Office of Rio Grande do Sul is investigating the couple of influencers from Rio Grande do Sul for laundering around R$2 million with virtual raffles promoted on social media.
Nego Di’s wife was arrested during the operation after officers found an unregistered weapon for exclusive use by the Armed Forces in her possession. Two of the couple’s luxury cars were also seized.
The rules for promoting raffles
Speaking to CNN, Filipe Senna, who is a lawyer and holds a master’s degree in Gaming and Betting Regulation, explained how raffle regulations work in Brazil.
He considers that holding raffles in itself does not constitute an illegality, as long as they are done correctly.
“It is possible to carry out virtual share draws in full compliance with the law, using capitalization bonds,” ponders Paiva.
This type of draw occurs through capitalization bonds, in which the beneficiary invests an amount that continues to yield interest until a specific period.
“At the end of this period, the beneficiary can withdraw this money with the appropriate updates. However, during the course of the income from this money invested in a capitalization bond, periodic draws are held, and in these draws, it is possible to allocate prizes of the most diverse amounts, based on the structure of this capitalization bond, which can be conveyed as an incentive or philanthropic bond”, explains the lawyer.
The free distribution of prizes, through a raffle, presupposes obtaining a license from the Ministry of Finance for its implementation.
“These draws cannot be permanent; they must refer to fixed promotions specifically designed to boost the sale of a product or service. And commonly, the value of the prize is limited to a small portion of the sale of products or services,” warns Senna.
Raffles and Draws vs. Gambling
The expert considers that if the rules established by the Ministry of Finance are not legally complied with, there is a possibility that the organizers will be held liable for criminal misdemeanors.
This legal understanding occurs because draws and raffles are related to a possible illicit exploitation of gambling.
The expert highlights that the violation, once accompanied by gains for the organizers, can lead to other consequences.
“Accusation in relation to money laundering and the creation of a criminal association or organization, depending on the situation and the way in which these lottery systems are organized,” concludes Senna.
Tips for carrying out and participating
For the expert, the most appropriate way to operate online raffles ends up being the structuring of a capitalization bond through incentive or in the philanthropic modality before a capitalization company.
The Superintendence of Private Insurance (SUSEP) and the Ministry of Finance are the bodies responsible for drawing up the “rules of the game”.
For those people who intend to purchase shares in online share draws, it is important to look for the registration code number of the capitalization bond and the capitalization company with SUSEP.
“Those actions and sweepstakes commonly legalized on the internet are duly registered with SUSEP and are carried out through a capitalization company. Therefore, for the consumer to have greater security in acquiring these services and products, it is necessary to check whether the organizer is associated with a capitalization company, has the records of those actions, that capitalization bond and presents the regulations of the capitalization bond in a clear and detailed manner”, advises Senna.
Source: CNN Brasil
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