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In Rio Grande do Sul

Brazil: Winfil gaming house is interdicted by the city of Porto Alegre

According to the Municipal Department of Economic Development of the city of Porto Alegre, the place would be exploring gambling, which leaves it in disagreement with its operating license. Thus, it was determined the cancellation of the license, and the consequent closure of the local. Winfil’s lawyer, Laerte Gschwenter, filed a preliminary injunction in court against the ban arguing that the place “'It does not develop illicit activity.”

After several controversies, the city of Porto Alegre interdicted, last Thursday, the gaming house Winfil, in the souther area of the city. In a statement, the Municipal Department of Economic Development said that the property license was canceled because the venue would be exploiting games of chance, which is in disagreement with the license of the site issued by the city.

The venue began operating in Porto Alegre on October 19, 2017, initially without cash bets. Already on the 30th, it was the target of a joint operation of the Civil Police and Public Prosecution Service. At the time, money was collected and at least 400 cash-boxes, support where betting money is placed on the gaming machines. After the action, the house was closed for nine days, ans then it resumed activities.

Winfil’s defense

The lawyer of Winfil gaming house, Laerte Gschwenter, filed a preliminary injunction in court against the ban on the establishment by the City of Porto Alegre. According to the Municipal Department of Economic Development (SMDE), in the register signed at the end of last year, the house undertook not to explore games of chance and declared itself only as an event space and restaurant.

In a statement, Gschwenter says that "once again Winfil company has been subject to persecution by the authorities, in addition to distortion about the facts, seeking to disqualify the enterprise and foment distortions on the theme 'gambling', promoting an absurd retrogression before the current framework ".

The lawyer again said that the operation of the house is supported by judicial decisions from the State and that decriminalization of gambling awaits judgment by the Federal Supreme Court.

"It does not develop illicit activity, hence all equipment and products of the company Winfil have invoices, legal origin and technical expertise, characterizing the activity as entertainment and fun," says the lawyer.

Still according to Gschwenter, the establishment complies with all legal requirements. "The company effectively acts observing and abiding by the rules currently possible, complying with the requirements regarding the taxation of the establishment as an amusement house, nevertheless never neglecting the obligations of any formal company (permits, CTPS of employees, tax collection, payment etc.), as can be seen from Resolution 3283.001 / 18 of Fecomércio / RS, dated March 2018, in relation to this company, which falls under the category of 'amusement house' ".

According to the City Hall, Winfil's operating license has been canceled and the house will not be able to reopen the doors. The deadline for administrative appeal is 30 days.

Source: GMB