Judge José Muiños Piñeiro Filho, drafting the ruling, states in the document that poker “is not a criminal offense or a crime, as it is not a game of chance, since loss and/or gain don’t depend exclusively or mainly on luck, predominating the skill element ”.
Lima explains that CBTH had previously won before the [Rio de Janeiro State Court], but they were awaiting the publication of the decision. “It was the only court battle that was missing, no more now. This ruling is no doubt a milestone in our defense of poker in the country. And as much as we could never doubt the legitimacy of our sport, recognition of the competent bodies remains fundamental.”
The decision facilitates many business opportunities and government support for poker in the state. For CBTH founder Igor Trafane, the victory is as important as the visit of the then Minister of Sport, Aldo Rebelo, to BSOP, and other legal victories over the years.
Even if the Public Prosecution Service fits, there is no chance of the opinion being reversed, because the penalty of the defendants has already prescribed. “One of the prerequisites for appeal is appeal interest. Since there is no more chance to convict the parties involved, because the penalty prescribed, there is no interest. That's why there is no chance of reform, ”explains the legal director of the Rio de Janeiro Texas Hold'em Federation (FTHRJ), Alexandre França.
“The ruling published by the RJ Court of Justice on the legality of poker as a game of skill and not a game of chance is without doubt one of the most important of our activity. It equates to the day when the Minister of Sport came to open the BSOP in Sao Paulo, the judicial victory of the H2 Club in the state of Sao Paulo, CBTH's speech at the National Congress, the BSOP victory against the Curitiba League in the state of Paraná. In other words, it is equivalent to some of the greatest political-legal victories of our path toward legalizing poker and recognizing it as a sport of mind. But this victory in Rio de Janeiro was the longest and therefore the hardest. So, it is being very celebrated by all of us.”
Alberoni Lima, director of CBTH, praised the economic importance of the decision. “Poker is a sport that drives many jobs, the economy and tourism in the country. This is a victory for the poker community. We are very happy. All players and lovers of the game in Rio de Janeiro can play without any restrictions and now even the Brazilian Poker Championship (BSOP) can return to the wonderful city. ”
Source: GMB / Super Poker
