The case has had widespread repercussions since November 2016 — almost a decade awaiting the Plenary
The President of the Federal Supreme Court, Minister Edson Fachin, included Extraordinary Appeal 966.177 in the trial calendar for April 23, which will decide whether the criminalization of gambling provided for in the Criminal Misdemeanors Law of 1941 is compatible with the 1988 Constitution.
The case has had widespread repercussions that have been recognized since November 2016 — almost a decade awaiting the Plenary. The rapporteur is Minister Luiz Fux.
The origin is a ruling by the Appeals Panel of the Special Criminal Courts of Rio Grande do Sul, which considered the conduct of gambling exploitation to be atypical, on the grounds that the prohibition created in 1941 conflicts with constitutional principles such as free initiative, individual autonomy and proportionality. The Public Ministry of Rio Grande do Sul appealed to the STF.
What is at stake is the validity of article 50 of the Criminal Offenses Law, which punishes anyone who establishes or operates gambling in a public place or accessible to the public with simple imprisonment of three months to one year. If the STF confirms the Gaucho thesis, the effect is national and immediate — decriminalization would apply to the entire country, with a regulatory decree sufficient to open the doors of gaming houses.
The timing is not random. The trial takes place amid the advancement of the regulated sports betting market in Brazil and the processing of PL 442/91 in Congress, which proposes to legalize casinos, bingos and Jogo do Bicho. The STF’s decision could bring forward the debate or eliminate part of it.
*This text does not necessarily reflect the opinion of Jovem Pan.
