The new look of the Brazilian justice on gaming

Casinos, " jogo do bicho”, bingos and slot machines are some examples of traditional gaming that for many years were allowed and practiced in Brazil with great social acceptance. For example, in the mid-1930s, there were more than 70 casinos throughout the country, including the memorable and luxurious Cassino da Urca, located in Rio de Janeiro.

However, in the 1940s, after the publication of the Law on Criminal Offenses and with the decree of President Eurico Gaspar Dutra, all casinos were closed and, like other games, became prohibited. The reason? In the eyes of the legislator, such activities, in general, hurt morals and good manners.

In this sense, the norm - quite outdated, it is true - still remains. Then, anyone who participates in gaming, in a public place or accessible to the public, by payment of entrance or without, is subject to a simple prison sentence, from three months to a year and applying a fine, varying from USD 640 to USD 64,000 (Article 50 of the Criminal Offenses Act).

But the society has changed. The main countries allow and practice gaming activities in their most varied forms. Generation of jobs, economic movement and tax collection make them important economic activity in the United States of America, China (Macau), France, Spain and others. And it could not be different. It is estimated that this industry generates more than USD 400 billion around the world and, part of this capital generated, comes precisely from the pockets of Brazilian tourists.

Thus, in view of the outdating of our law and seeking to enter the route of economic growth as the main world economies, two bills were presented in the National Congress. According to the proposal underway in the Chamber of Deputies, the legalization of the exploitation of gaming would be responsible for the collection of almost USD 3.2 billion reais per year. As an example, this figure corresponds to 74.6% of the deficit estimated by social security for the year 2017.

Going hand in hand with the Legislative Branch, at least in relation to the present theme, is the Judiciary. Showing that the release of gaming is increasingly adequate, the Rio Grande do Sul State Court recently came to understand that the practice of the activity no longer represents criminal contravention. It is argued that its prohibition undermines important constitutional principles; namely:

It is argued that its prohibition undermines important constitutional principles; namely: free initiative for work and the fundamental freedom of the human being. Moreover, it understood the Rio Grande justice that society - a long time ago - tolerates and exploits gaming, removing the old idea of violation of morality and good manners.

As a consequence, this new way of seeing the practice of gaming reached the Supreme Court. In a new favorable statement, the minister Luiz Fux, defended that all the criminal processes that deal with the subject were immediately suspended.

In this way, there is optimism that the judiciary and the legislative branch serve as a creditor of the balance in favor of rapid decriminalization and regulation of the exploitation of games; tourism, the creation of new jobs and the significant tax collection.

André Gustavo Sales Damiani / João Paulo Garcia Caetano Mazzieiro

André Gustavo Sales Damiani. Founding partner of the office obtained legal training at the Faculty of Law of PUC / SP and, from a very early age, he advocated in notorious banks established in the city of São Paulo. With twenty-one years in his area of expertise, he collects experience and expertise for the conduct of high complexity subjects.

João Paulo Garcia Caetano Mazzieiro. Associate of the office. Lawyer specializing in Criminal Investigation and Insertion of Criminal Action by Fundação Getúlio Vargas (FGV) - 2016. Graduated in Legal and Social Sciences from the Faculty of Law of Franca (FDF) - 2012. Associate of the Brazilian Institute of Criminal Sciences (IBCCRIM), Institute of Defense of the Right of Defense (IDDD), Association of Lawyers of the State of São Paulo (AASP) and Associate to the Brazilian Bar Association (OAB).