Legal Framework for the Electronic Games Industry – Law No. 14,852/2024 

Brazilian Law No. 14,852, sanctioned by the President on the last May 3rd and published on May 6th, established the legal framework for the electronic games industry, encompassing regulations regarding manufacturing, import, commercialization, development, and commercial use of electronic games. 

One of the key points of this Law is the definition of what will be considered an electronic game for the purposes of legal qualification and application of the corresponding regime. Article 5 establishes that electronic games include: 

  • Interactive audiovisual works developed as computer software, in which the images are altered in real time based on actions and interactions of the player with the interface; 
  • Central devices and accessories, for private or commercial use, specially dedicated to running electronic games; and 
  • Software for use as a mobile application and/or internet page, console video games, and games in virtual reality, augmented reality, mixed reality, and extended reality, consumed by download or streaming. 
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Games of chance, with cash prizes or other virtual assets, as well as those involving randomized results or based on forecasts, are explicitly excluded from the definition for the purposes of the legal framework. 

Purpose of the Legal Framework

The purpose of the Law is to foster the development of businesses in this sector in the country, to generate new investments and qualified job opportunities for professionals in the field of electronic games, such as visual artists, composers, audio editors, narrative and game designers, programmers, producers, and testers. 

The Law highlights that individual entrepreneurs, business companies, cooperative companies, simple companies, and MEIs (Individual Microentrepreneurs) will be eligible for special treatment, provided they fall within the gross revenue limits established by the Law. 

Companies developing electronic games may benefit from the National Support Program for Culture, PRONAC, also known as the Rouanet Law, and investments in the sector will be considered investments in research, development, innovation, and culture. For this purpose, the State will also support and promote the training and education of individuals for performing roles within the professional sectors related to electronic games development. 

The legal framework also allowed the identification of possible uses of electronic games beyond entertainment purposes. In this sense, the Law provides for various purposes such as training, communication, educational, and therapeutic purposes, always respecting the age-appropriate rating. 

Finally, it is important to highlight that it will be the duty of electronic game developers to ensure that their services, systems, and official communities do not generate or encourage environments conducive to any forms of discrimination, exploitation, neglect, violence, cruelty, or oppression against children and adolescents. 

If you are interested in understanding the Law in greater detail, as well as assessing your alignment within the new regime created and the benefits that may arise, please do not hesitate to contact us through our channels, and our professionals will be able to clarify your doubts. 

Written by Fernando Borges, Associate at Drummond Advisors

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