Abstract
This book looks at the Law and the Policy on Betting and Sport in many countries around the world—sport is a global phenomenon—providing a very useful and valuable comparative survey on a subject that is so vital for safeguarding and preserving the integrity of those sports in which betting is legally allowed. The country reports show how sports-related betting is organized in the country concerned, also from a historical and policy perspective (national Lotteries Act; state run/state licensed lotteries and/or private operators; how the licensing system for public operators works; state supervisory mechanisms, etc.), and contain a treatment of the national case law.
Maurício Ferrão Pereira Borges—Dr.iur., L.L.M., Eberhard Karls University of Tubingen, Germany, attorney-at-law with Feisberg and Associados, Sao Paulo, Brazil.
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Notes
- 1.
A report issued by Crowe Horwath RCS—an independent audit firm—concludes that important companies are offering sports betting services in Europe. Ladbrokes, the biggest betting firm in the UK, for example, generated more than £ 1.1 billion in revenues in 2008. These sports betting firms are investing in clubs’ sponsorship strategies. According to a study conducted by Sport + Markt, 10 significant betting companies invested more than €90 million in football club sponsorship in Europe in 2009–10.
- 2.
- 3.
Some scholars have treated cheating in sport as a playing culture, see Gardiner et al. 2005, pp. 66–67.
- 4.
On September 23, 2005, the Veja magazine published a cover story exposing how deeply the betting mafia has penetrated Brazilian football to make easy money from internet gambling and bribing referees (Edilson and his assistant Paulo Danelon).
- 5.
For an overview of the Edilson case see Borges 2009b, pp. 24–26.
- 6.
STJD decision, December 1, 2005, process No. 195/05.
- 7.
On December 10, 2009, by means of Bill No. 29 of the Sports National Council (CNE) the aforementioned CBJD version was replaced. The cited Article 275 of CBJD, therefore no longer exists.
- 8.
First Disciplinary Commission of STJD, October 6, 2005, Process No. 95/05.
- 9.
- 10.
See CAS 2004/A/727, V. C. de Lima v/ International Association of Athletics Federations (IAAF), award of September 8, 2005. Over the past few decades, the rights of sport have crystallized into a settled body of Law: the jurisprudence of the CAS, which has come to be known as the Lex Sportiva. It has consistently been applied and followed around the world by sport’s regulating entities, federations and national associations.
- 11.
See Hilpert 2007, p. 169.
- 12.
“Before a CAS Panel will review a field of play decision, there must be evidence, which generally must be direct evidence, of bad faith. If viewed in this light, each of those phrases mean there must be some evidence of preference for, or prejudice against, a particular team or individual … The Athlete is requesting to be awarded a gold medal. He does not request that such gold medal change the results of the race. To award a gold medal without changing the results of the race is, however, beyond the scope of review of the CAS. Had the appealed decision been taken arbitrarily or in bad faith, the remedy would not have been a change of the announced results, let alone awarding a supplementary gold medal without changing the results of the race. The only available remedy would have been to invalidate the race and order it be rerun. There is no regulatory basis upon which the Panel could award a medal alongside the medal already won by Stefano Baldini.”
- 13.
CAS OG 02/007, Korean Olympic Committee (KOC) v. International Skating Union (ISU), award of February 23, 2002. In para 29 the CAS panel V. C. de Lima v. IAAF specifically refers to the approach taken in KOC v. ISU as is set out in the following passage of that decision: “The jurisprudence of CAS in regard to the issue raised by the application is clear, although the language used to explain such jurisprudence is not always consistent and can be confusing. Thus, different phrases such as ‘arbitrary,’ ‘bad faith,’ ‘breach of duty,’ ‘malicious intent,’ ‘committed a wrong’ and ‘other actionable wrongs’ are used apparently interchangeably, to express the same test (M. v/AIBA, CAS OG 96/006 and Segura v/IAAF, CAS OG 00/013). In the Panel’s view, each of those phrases means more than that the decision is wrong or that no sensible person could have reached (it). If it were otherwise, every field of play decision would be open to review on its merits. Before a CAS panel will review a field of play decision, there must be evidence, which generally must be direct evidence, of bad faith. Viewed in this light, each of those phrases means there must be some evidence of preference for, or prejudice against, a particular team or individual.”
- 14.
See Article 3 of the Fans´ Bill of Rights and Articles 3 and 17 of the Consumer Defense Code (Law No. 8.078/1990).
- 15.
Binding Precedent No. 2 of the Brazilian Supreme Federal Court approved on May 30, 2007.
- 16.
As per data provided by Crowe Horwath RCS online sports betting worldwide generated around US$ 40 billion or 10.4% of the global gambling industry in 2009.
- 17.
Lugar, in Portuguese.
- 18.
CONAR = Conselho Nacional de Auto-regulamentação Publicitária.
- 19.
In the UK alone, for example, betting on the 2010 FIFA World Cup generated more than £1 billion.
- 20.
Superior Tribunal de Justiça (STJ).
- 21.
See the following precedents: Special Appeal No. 307.104/DF dated February 1, 2005; Special Appeal No. 606.171/CE dated February 15, 2005.
- 22.
See Article 6 of the Brazilian Criminal Code.
- 23.
Including an official expert report issued by the Forensic Institute of the Public Security Secretariat of the State of São Paulo (Instituto de Criminalística da Secretaria de Segurança Pública do Estado de São Paulo) in 2009.
- 24.
Article 1 of Bill No. 2254/2007: ‘This Law deals with the exploitation of probability entertainment throughout the national territory’ … Paragraph 1: “For the purposes of this Law, probability entertainment comprises the conducting of games on equipment of virtual rotating figures, or virtual cards or electromechanical rotating figures, or, further, any other virtual or electromechanical means in which the player, in order to win, is required to obtain a specific combination of symbols and/or figures, in a physical environment.” In turn, para 2 of such Article provides that the average winning probability should be 70%.
- 25.
Nullum crimen, nulla poena sine praevia lege poenali.
References
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Gardiner S et al (2005) Sports Law, 3rd edn. Cavendish Publishing, London
Hilpert H (2007) Sportrecht und Sportrechtsprechung im In- und Ausland, De Gruyter
Hilpert H (2010) Die Fehlentscheidungen der Fußballschiedsrichter, De Gruyter
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Borges, M.F.P. (2011). Sports Betting: Brazil. In: Anderson, P., Blackshaw, I., Siekmann, R., Soek, J. (eds) Sports Betting: Law and Policy. ASSER International Sports Law Series. T.M.C. Asser Press. https://doi.org/10.1007/978-90-6704-799-9_13
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