"We believe that this tragic operation will be annulled, filed and extinguished"

A target of an operation by the Public Prosecutor's Office and the Civil Police that seized electronic equipment, money and a gun on Monday (30), the Winfil gaming house entered on Tuesday with an appeal against the action taken on the venue. According to the lawyer of the establishment, Laerte Gschwenter, the venture, in the south zone of Porto Alegre, must wait for a judicial decision to reopen.

"We have already filed a complaint with the 3rd Public Treasury Court, reporting a noncompliance of the court order (granted on Friday), and we will wait to reopen, because we believe in the Justice system, and we respect the law, which the delegate does not. We believe this tragic operation will be archived and extinguished, "said the lawyer, who went to Brasilia to try a meeting with the Minister Luiz Fux, rapporteur for a resource on the exploitation of gambling in Brazil.

On Friday (27), the 3rd Court of the Public Treasury of Porto Alegre issued an injunction prohibiting the Military Brigade (BM) and the Civil Police from apprehending, in an eventual operation, Winfil machines. The establishment opened on October 19, however, without the possibility of betting money on the more than 400 slots installed in the place. After the decision, the house passed, as of Saturday (28), to operate with cash bets.

The document that based the action of the MP and the Civil Police was signed by Judge Marcia Kern of the Special Criminal Court of the Regional Forum of Sadness. Also signed on Friday, the search and seizure warrant allowed "to seize objects directly related to the exploitation of gambling and other goods of illicit origin." Winfil's attorney considered Monday's operation, which involved dozens of police officers and confiscated R$ 76,000 in cash, excessive:

"The chaos and violence are absolutely out of control. Is it justified to have half of the local force serving an alleged search warrant with so many serious crimes out there?" he questioned.

The MP and the Civil Police ensure that gambling is banned in Brazil, while the company argues the oposite, based on decisions of the Criminal Recursal Court of the Special Criminal Courts that have acquitted first-degree convicted offenders for playing games of chance. The understanding has been that the game does not characterize illicit conduct and the penalty would be unconstitutional.

In October 2016, an appeal by the MP reached the Federal Supreme Court (STF) and has the Minister Luiz Fux as rapporteur. Ministers acknowledged the general repercussion, and the FTS plenary will decide whether or not gambling is unlawful conduct. The result will be a rule for the whole country.

Source: GMB / GauchaZH