MIÉ 15 DE MAYO DE 2024 - 06:02hs.
Porto Alegre, Brazil

Justice forbids police from seizing machines in Winfil gaming house

The 3rd Court of the Public Treasury of Porto Alegre gave a preliminary injunction prohibiting the Military Brigade (BM) and the Civil Police from seizing machines from the Winfil gaming house, in the southern zone of the Capital. The establishment opened on October 19, however, without the possibility of cash betting on more than 400 slot machines. With the decision, the house started operating with bets in cash. The Public Ministry understands the injunction as wrong. Download the decision (in Portuguese).

The decision was issued by Judge Viviane de Faria Miranda on Friday (27), in a preventive security order filed by FNR-Entertainment and Casa de Eventos.

The judge ruled: "I defend the preliminary injunction in order to determine to the authorities pointed out that in the event of a possible police operation, they refrain from any act of seizure and / or confiscation of any movable property that lodges the company’s venue, including electronic equipment. "

Winfil's request is against "the commander-in-chief of the BM, the chief of police of the Civil Police, the delegate responsible for Operation Vegas and the municipal secretary of Production, Industry and Commerce."

The company said it "works in the entertainment sector, fun, electronic games and various cultural events, maintaining about 260 direct jobs, in addition to 56 indirect links, complying with all legal requirements." Civilian police chief Emerson Wendt said the situation was being analyzed.

Winfil was inaugurated under controversy. Firm’s partner maintained that the deal was not considered a contravention, while the Civil Police and the Public Prosecutor's Office (MP) affirmed that if the site operated with bets, it would suffer actions by the authorities.

The company relies on judgments of the Criminal Appeals Court of the Special Criminal Courts that have been acquitting those who are sued for the exploitation of gambling in Rio Grande do Sul. The understanding has been that gambling does not characterize illicit conduct, and punishment to those who explores it hurts the Constitution.
 
However, judges asserted that such decisions did not authorize the opening of this type of houses, and the police could interdict them and seize equipment and money. At the federal level, the legalization of gaming will be discussed by the Federal Supreme Court (STF), with repercussions throughout the country, but there is no deadline for judgment.

Ten days ago, the 1st Criminal Chamber of the State Court of Justice (TJ-RS) confirmed the understanding of the MP regarding the exploitation of games of chance. In a unanimous decision, the judges considered that the practice constitutes criminal contravention. According to the judgment, "Article 50 of the Criminal Offenses Act was not derogated or revoked by supervening legislation, and is in full force and effect."

"If the question is morally controversial, there is an empirical basis to make at least a reasonable legislative option in the sense of criminalization. Pathological gambling is considered a mental disorder, with well defined diagnostic criteria, being aspect persistent and repeated gambling is essential, which, on a continuous and frequent basis, increases despite adverse social consequences such as impoverishment, family breakdowns and personal life impairment."

Source: GMB / Zero Hora