FSC partially judges the unconstitutionality of gaming law in Brazil

The FSC, in a plenary meeting today, determined that within one year it will judge whether the prohibition of the exploitation of games of chance hurts the Brazilian Constitution or not. The focus of the discussion concerns a possible unconstitutionality of the Criminal Offenses Act, which governs the prohibition of gambling.

It was decided that the first-level judges could decide, on a case-by-case basis, whether the proceedings in progress should be suspended or not. In case of suspension of proceedings, the statute of limitations should also be suspended, except for defendants already arrested.

While the Supreme Court does not definitively decide the matter, the current legal situation in which the exploitation of gambling is considered a criminal contravention remains in force. There were issues of order that should be analyzed before the actual judgment of the merit of the EA and these were issues of order that the FSC came to analyze since last week, ending today.

It was decided that article 1035 of the CPC, specifically in its 5th paragraph, could be applied to criminal proceedings and, furthermore, that proceedings should be suspended on the same subject, except for imprisoned defendants, and the discretion of the Judge of first degree, when analyzing case by case and its gravity. It was also mentioned, in the case of suspension, how the prescription would apply, which was also decided.

As for the merits, the trial, previously, could take up to ten years. Today, however, the Supreme Court has set a time limit of one year for the judgment of cases of general repercussion, given the urgency that these cases require, what means that EA number 966177 should be judged having a minimum term at the end of 2017.

Source: GMB