"They are doing it at their own risk", evaluates judge on bets in Winfil

Last Friday, the magistrate granted a preventive order of security to the gaming house providing that the Civil Police and the Military Brigade seized or confiscated slot machines. The next day, the gaming house started to allow cash bets on gaming machines.

"My decision was not to release bettings because they can still be prosecuted for the crime, as there is still controversy on the subject. What I said was that it was not possible to seize the machines because there is a discussion as to whether or not it is lawful. In my point of view, they walked a little outside the law (releasing the bets in cash)," explained the judge, in an interview with Riva Guaíba.

The judge also pointed out that anyone can bet because, according to her, this is not a crime. "What would be, in theory, a crime is the owner to determine that it is by gamble... They are doing it at their own risk," she said.

In this case, the judge argues that there is no impediment for the Civil Police to go to the place and make a Circumstantiated Term, for example. In addition, the judge points out that, until Saturday (28), no bets were being made on the venue. The place was inaugurated on October 19.

Specifically on the warrant that prohibits the collection of machines, Miranda points out that the equipment does not come from illicit origin, which was proven by the owners with the presentation of invoices. In addition, defense lawyers have proven that there was a threat of seizure of the machines. The judge says that she based the decision on the argument that there is a legal framework and that, for her, there is no criminal offense.

"It would then be understood that Winfil's activity is lawful and, with that, there would be no reason to apprehend machines. Even because I know, with my experience of the Criminal Court, that the seizure of machines becomes a problem for our Judiciary because we do not even have anywhere to put them and when placed in a warehouse, they are totally scrapped. So it's also a practical matter," she points out.

Prosecution will appeal

The Public Ministry of Rio Grande do Sul (MPRS) is against the decision of the judge and promises to appeal. The MP, however, still studies which terms it will use in the argument and does not stipulate a deadline to go to court. In the opinion of the prosecutors, according to the judgment of the Court of Justice, gambling constitutes a criminal offense. This was the decision presented by the judges of the 1st Criminal Chamber of the TJ / RS, unanimously, on October 18, in a judgment of appeal.

According to the judgment, "Article 50 of the Criminal Offenses Act has not been repealed by supervening legislation and is in full force and effect." In the document, prosecutors also pointed out that "if the issue is morally controversial, there is to make at least a reasonable legislative option in the sense of criminalization. Pathological gambling is considered to be a mental disorder, with well-defined diagnostic criteria, with persistent and repeated gambling being an essential aspect, which, in a continuous and frequent way, increases despite adverse social consequences such as impoverishment, family ruptures and commitment of personal life".

What the defense says

Winfil relies on decisions of the TJRS Board of Appeal, which does not consider gambling to be a criminal offense by claiming that it is for the State to prohibit betting on the administrative level. The Rio Grande Court maintains that it does not have a "peaceful" position on the matter.