- Text originally published between 08 and 17/05, in the following vehicles: CryptoID; Jus Navigandi; Digital Capital; Legal Consultant (CONJUR); Tribuna de Minas; Monitor Mercantil; e Business & Enterprise
The Legal Framework for Games represents a significant step forward for the electronic games industry in Brazil. With the sanction of Bill 2796/2021, now Law 14854/2024, the country is at the forefront of the gaming scene, offering a more favorable environment for the growth and development of this vibrant and creative sector.
This legislation aims to provide a clear legal framework for activities related to games, including development, distribution and marketing.
The legal framework also seeks to encourage the growth of the sector through tax benefits, support for companies and intellectual property protections, with the aim of making Brazil more competitive in the global games market.
The new legislation provides tax incentives that promise to stimulate the economy and attract investment to the electronic games industry.
Companies in the sector will be able to benefit from the Rouanet and Audiovisual Laws, which allow them to raise funds on the market with tax breaks from the government for investors and donors, provided they meet the requirements set out in these laws.
This measure recognizes the economic potential of electronic games and their ability to generate jobs, innovation and technology. The Legal Framework also establishes guidelines for fostering the industry, creating a more attractive and competitive business environment.
Regulating the manufacture, import, marketing and development of games aims not only to increase the supply of capital for investment, but also to promote a national gaming culture and the professionalization of the segment, including, for example, the possibility of the government itself purchasing educational games for use in public schools.
One of the most important pillars of the Legal Framework is support for training human resources. Recognizing the need for professional qualifications to sustain the industry's growth, the legislation encourages the creation of educational and training programs that prepare young Brazilians for the demands of the games market.
This includes not only technical development, but also civic education, fostering diversity and representativeness in the production of games. The law establishes various obligations to protect children and adolescents in the digital environment of electronic games.
Highlights include the requirement that games be designed with the best interests of these young people in mind, including measures to mitigate risks and promote their rights.
In addition, developers and providers must create channels for dialog with young audiences, guarantee safe environments free from discrimination and abuse, and implement effective moderation and reporting systems.
There is also a need for transparency about violations and the actions taken in response. In-game purchases should contain tools to ensure that transactions are made with parental consent.
Given these findings, we can conclude that the Legal Framework for Games is a historic achievement for Brazil, reflecting the country's commitment to innovation and digital culture.
Tax incentives, fostering the business environment, supporting the training of human resources, protecting children and adolescents, among others, are measures that promise to strengthen the electronic games industry, transforming Brazil into a hub of creativity and technology on the global stage.
With this legislation, Brazil is opening the door to a future in which electronic games are recognized not just as entertainment, but as a driving force for economic and cultural development.
Cláudio Roberto Santos, Lawyer. Founding partner of DMS Advogados. CIPM | CDPO/BR (IAPP). PhD student in Law (PUC Rio). Master in Private Law (PUC Minas). University lecturer.
