The virtual plenary session of the STF met yesterday at 2:00 pm to discuss six topics on the agenda, including Extraordinary Appeal (RE) 966177 with general repercussion. But it was not even discussed as the first listed, reopening of temples and churches during the pandemic, took all afternoon, with the report by Minister Gilmar Mendes and the arguments of the Attorney General's Office and several Amicus Curiae. After a break, rapporteur Gilmar Mendes voted and President Luiz Fux closed the session shortly before 7:00 pm, postponing the votes of the other court ministers for today on that same theme.
At the end of the session, Luiz Fux informed that in today's session he will inform about the rearrangement he will have to make on the agenda to accommodate all the missing items. As today's agenda was already full, it is to be imagined that the vote on Extraordinary Appeal (RE) 966177 with general repercussion that discusses whether games of chance continue to be considered a criminal offense under the 1988 Constitution should be scheduled for another date.
The case to be examined is Extraordinary Appeal (RE) 966177, in which the Rio Grande do Sul Public Ministry questions the judgment of the Special Criminal Court Appeals in the state that considered the conduct of gambling exploitation to be atypical, disregarding the practice a criminal misdemeanor on the grounds that the grounds on which the ban was based are not in line with current constitutional principles.
Rapporteur of the appeal, Minister Luiz Fux stated that the issue is controversial and involves relevant constitutional matter from an economic, political, social and legal point of view, surpassing the subjective interests of the cause, which is why it deserves reflection by the STF.
“The question put to the appreciation of this Supreme Federal Court is eminently constitutional, since the tribunal a quo removed the typical nature of the game of chance based on constitutional precepts related to free initiative and fundamental freedoms, provided for in articles 1, item IV; 5th, item XLI; and 170 of the Federal Constitution,” said Fux.
The minister stressed that all the Criminal Appeals Groups of the Court of Justice of the State of Rio Grande do Sul have understood in the same sense, making the practice of gambling in Rio Grande do Sul no longer considered a criminal offense. "Thus, I understand by undeniable the relevance of the theme to demand recognition of its general repercussion," asserted the minister.
Therefore, a new date is expected for the vote on RE 966177.
Source: GMB
