Civil Police of the 2nd Police Station of Porto Alegre, together with the Public Prosecutor's Office, agents of the Municipal Secretary of Industry and Commerce (SMIC) and Fire Department closed a bingo in the capital. Around 120 slot machines and more than 150 players were found on the site, as well as those responsible for betting and driving games.
According to Delegate César Carrion, the establishment was closed based on article 50 of the Law on Criminal Offenses, which deals with the illegal exploitation of games of chance. Some R $ 11.000 and 90 motherboards of the machines were seized.
The Fire Department also went to the site and verified the absence of the Prevention and Protection Plan against Fire (PPCI) in disagreement with the Complementary Municipal Law nº790 / 2016. The owner was assessed and named as the custodian of the other goods found on the premises.
The delegate said that the exploitation of gamblinges is not released. "It was made a full disclosure that the games were released and they really are not." From our point of view they made a totally wrong legal construction. So, because exploitation of gambling is criminal contravention we are here today we are closing bingo game and hunting machines, "explains Carrion.
Lawyer Laerte Gschwenter, who defends the owner of bingo, said he would appeal the closing with a security brief and criticized the ruling. "We are understanding as an affront to the democratic state of law. They did not consider a final judgment in the state of Rio Grande do Sul, in a recursal class". Public prosecutor's office has promised that it will continue to close bingo houses until there is a new decision from the higher court or until there is a change in legislation.
The authorities closed the establishment based on the argument that in Brazil there is no legislation that authorizes the operation of gambling houses. Bingo was reopened on Jan. 13 following court decisions by the Rio Grande do Sul Court of Justice (TJ-RS) to decide that gambling is not a criminal offense. Owners and lawyers of bingo understood that if it does not impose penalty and the house could reopen legally.
Criminal Appeals Court of the Special Criminal Courts of the State of Rio Grande do Sul, Judge Edson Jorge Cechet. The members of the body responsible for prosecuting the actions of the subject, have understood that the law that prohibits the practice is unconstitutional, and rejected the accusations against the defendants. Decisions, however, do not allow bingos yet.
