In addition to last-minute demands from the state's fire department, which has already warned that it will not allow entry into the venue if there are no smoke-free systems, the Rio de Janeiro State Court has upheld the Public Prosecutor's understanding that it continues to be a gaming operation.
Yesterday, just one day before the opening scheduled for today’s afternoon, the 1st Criminal Chamber of the TJ / RS judged an appeal by the Rio Grande
do Sul Public Prosecutor's Office regarding the exploitation of gaming. By unanimous decision, the Chamber considered that such practice continues to be a criminal
offense, since Article 50 of the Criminal Offenses Act "was not repealed by supervening legislation and is in full force and effect."
Even admitting that the issue is controversial, prosecutors understand that "if the issue is morally controversial, there is an empirical basis to make at least a reasonable legislative option in the sense of criminalization."
The decision of the Chamber, that reaches Winfil's opening plans, was attended by Attorney Cláudio Barros Silva, judges Jayme Weingartner Neto, Silvio Baptista
Neto and Manuel José Martinez Lucas. The rule was signed by Attorney General Irene Soares Quadros.
Already set up and ready to open the doors in the Cavalhada neighborhood,
Winfil is a big leisure area with bar,
restaurant and entertainment games. The lawyer of the venue, Laerte Luís Gschwenter, says that the controversy is
precisely that it is being considered as a game exploration. "The equipment is similar, but technically and legally
can not be considered as slot machines. They are similar, but with the origin, licit origin and with taxes paid", he says.
Winfil's board was not reached to comment on the decision of the TJ / RS, but lawyers contacted by GMB consider that the ruling may be an obstacle since the decision, in theory, will serve as a basis for closing the space in case of attempts to open the doors.
The Civil Police said it will scrutinize and do everything possible according to the law to not allow the opening if there is illegal gaming exploitation. The MP of Rio Grande
do Sul understands that Article 50 of the Criminal Offenses Act remains in full force and is exhaustive in stating that the opening of
Winfil must be prohibited.
The Municipal Department of Economic Development of Porto Alegre is not clear on the
subject, but has already informed that
Winfil did not file a request to operate gaming machines.
Source: GMB
