I have been carrying out activities in defense of the regulation of cash betting games, managed by the private sector in Brazil: Casinos, Bingos and Jogo do Bicho. The theme concerns democracy. For, since democracy is a universal political system, which is above ideologies and religions, the consolidation of democracy requires the full exercise of freedom. Even in the citizen's decision whether or not to place money bets through banks and public or private companies.
In Brazil today, the government has a monopoly on gaming. This being presents itself as the guardian of morality. The Ministry of Finance controls, Caixa Econômica Federal (CEF), with the Lottery Houses, receive the bets and pay the amounts to the winners.
With the purpose of broadening the discussion, as of February 6, the newspaper "Tribuna da Imprensa Livre" will publish 30 interviews that I conducted with federal and state deputies, mayors and councilors, state and municipal secretaries, businessmen and workers, lawyers and teachers on the topic.
In 2010, I edited the magazine "Inteligência Empresarial" - Business Intelligence- (Federal University of Rio de Janeiro / Coppe-Crie), dedicated to regulation: "Free Time as an Economic Asset". In 2016, I published the book: "Theory of Probabilities in Gaming, in Science and Public Policy" (Editora E-Papers).
During the elaboration of these two publications, I was often criticized by those who look at gaming as a high-risk social activity. Some said that I was encouraging organized crime and ludopathy. I lost friendships, including the prejudiced detachment of some relatives. But I gained the respect of Brazilians who purchased my publications. In particular, those who every day place their bets on Jogo do Bicho.
The publication of this series of interviews is opportune at the moment, because in April, the Supreme Federal Court (STF) ruled on the judgment of the repeal or not of the Criminal Contraventions Law by the Federal Constitution. The rapporteur is Minister Gilmar Mendes. On this occasion, we will know whether Law No. 3,688, of 1941, was accepted or not by the Citizen Constitution of 1988.
Historical moment. We will see how the STF reads the laws that deal with CUSTOMS. In Article No. 50 of Chapter VII, for example, we read about the prohibition: "Establish or exploit gambling in a public place or accessible to the public, upon payment of entry or without it." In Article 58, we find that it is prohibited: "To explore or hold the lottery called Jogo do Bicho, or to perform any act related to its realization or exploitation." In Article 59, we read about what is loitering: "Surrendering oneself habitually to idleness, being valid for work, without having an income that ensures enough means of subsistence or providing for one's subsistence through illegal occupation."
The Criminal Misdemeanor Law has other articles that are out of date. Let us see in Chapter nº III, Article 37: "Throwing or spilling on public roads, or in a place of common use, or of someone else's use, something that may offend, dirty or harass someone." In Article 38: "Abuse, emission of smoke, steam or gas, which may offend or harass someone".
I think that today we have another concept of what is loitering or not, as well as a legal framework to condemn the one who accidentally dropped a vase of flowers from his window. The misdemeanor related to the emission of smoke, which may offend someone, comes from the times of wood stoves and coal irons.
Since 1941, that is, for 80 years, major social transformations have occurred in Brazil and in the world, it is harmless to continue maintaining outdated legislation. Ancient laws collaborate to maintain the practice of illicit acts, serve violence and ethical-social deterioration.
The current government of the Republic of Chile set an example that Brazil could follow. It annulled the effects of the Constitutions and Jurisprudences, Decrees and Provisional Measures, by the dictator Augusto José Ramón Pinochet Ugarte, who ruled the country in the period 1973/1990. In Brazil, the effects of the Constitutions and Jurisprudences, Decrees and Provisional Measures of the Estado Novo (1937) and that of the Military Regime (1967), continue to apply.
For the first time in the history of Brazil, since 1989, we live a long democratic cycle. There are 32 uninterrupted years of direct elections. Important observation, because the governments that succeeded, after the Proclamation of the Republic, in 1889, had cycles shortened by coups. Only between 1945/1947, in 100 years, when all political parties were legalized, were they able to participate, as today, actively in national life.
Private money betting games in Brazil are prohibited due to our authoritarian, violent, and centralizing tradition. In frank conversation with me, in 2016, the then Minister of Defense, Raul Jungmann, responded as follows, when I asked him about Article 2, paragraph 1, of the 1967 Constitution, which states that it is "the State's duty, to safeguard of the integrity of social life, preventing the emergence and proliferation of prohibited games that are likely to achieve national security ":
Luiz Carlos, this is ABSURD!
Luiz Carlos Prestes Filho
Specialist in Economy of Culture and Local Economic Development, author of the books: “Economy of Culture - the strength of the cultural industry of Rio de Janeiro (2002),“ Chain of Production of the Economy of Music ”(2005),“ Chain of Production of the Economy of the Carnaval ”(2010),“ The Greatest Show on Earth - 30 years of the Sambadrome ”(2016) and“ The Theory of Probabilities in the Game, in Science and in Public Policies ”(2017).
