Can you tell us what is Winfil's current real legal situation? Is the entertainment venue closed?
Laerte Luis Gschwenter - Winfil FNR- ENTRETENIMENTO E CASA DE EVENTOS LTDA. is a company that was legally constituted, observing all the legal requirements applicable to its characteristics, including a Preventive Security Order, at the time of the opening of the house. The question of partial closure remains sub judice. Currently it is awaiting a decision in the annulment action of administrative act distributed in April 2018, which is processed before the region of Porto Alegre. Similarly, Winfil eagerly awaits the judgment of merit of matter 924 by the Plenary of the Supreme Court, which can definitively end the years of legal retrogression, decriminalizing the conduct and pacifying the matter.
What prompted the company to submit this request to Minister Luiz Fux?
Our office has been working for more than fifteen (15) years defending this sector. Since the recognition of the General Repercussion by the STF with the Extraordinary Appeal 966177, 10/10/2016, it is expected to be subject to a judgment of merit by the Plenary. Observed the temporal lapse of this event (almost 3 years) before the validity of paragraph 9 of article 1035 of the CPC - The appeal that has the general repercussion recognized should be judged within one (1) year and have preference over the other deeds ... - it was considered pertinent to request Minister Luis Fux, who is the Rapporteur of the appeal in process, to authorize the provisional operation of the company, subject to administrative, legal and fiscal matters, until in fact the merit of matter 924 is faced by the Plenum of this Superior Federal Court.
It is understood that it is necessary to sensitize those involved in relation to the real situation that permeates the matter, and especially in this specific case, a great enterprise with the capacity to generate hundreds of direct and indirect jobs and collect taxes, but only with a very high cost for the maintenance of its physical structure, while suffering from a decision.
Can you explain the process steps since this request until you have a STF response? Are any of them already in progress?
The petition sent to the Minister Luis Fux was filed with the STF on June 25, the same date that it was sent for its analysis, as can be verified in the website of the Federal Superior Court. Now we need to await its evaluation and decision. Regarding what is in progress, as already mentioned, since the recognition of the General Repercussion by the STF with Extraordinary Appeal 966177, matter 924, on 10/10/2016, where we are the registered attorneys, we were anxiously awaiting the evaluation of merit, once appeals under the same plea, remain suspended until the decision of the latter. Such a paradigm resource - RE 966177 - was transformed into a theme of general repercussion by the STF. The decision in this, will standardize the matter at national level.
Recalling that such appeal filed came from the State of RS, since the Criminal Court Panel has a unanimous understanding, more than three years, regarding the atypical conduct described in Article 50 of Decree Law 3688/41 of criminal contraventions.
Having a positive STF response, what are Winfil's possibilities of offering games and other types of entertainment?
The Winfil company, as already mentioned, anxiously awaits the outcome on the subject under analysis of the STF. The judgment of RE 966177 will end a cycle of legal retrogression, since before the validity of the Federal Constitution of 1988, article 50 of Decree Law 3688/41 was tacitly repealed, being necessary its formalization through decriminalization of conduct and pacification of the matter.
We will certainly be able to offer what we have proposed from the beginning, that is, an entertainment house where guests will have a wide and structured space to enjoy, besides games, gastronomy, culture and various events. An entertainment space aimed at the population of Porto Alegre and, later, the country.
In your opinion, what is the impact of the entire Winfil fight in the legalization process of the gaming sector in Brazil?
It is great. During almost 16 years of legal struggle we got here. It is important to remember that the company invested heavily in betting on the formal regulation of the segment, which is not believed can remain unfeasible.
Winfil could become the home of entertainment that initiated a change of thought, being able to warm the economy of a population without jobs and with many financial difficulties. It will certainly be the first house, of many, that we will have in the country generating jobs and income, taxes, modifying the financial scenario directly or indirectly in several sectors without income and, above all, contributing to foment tourism, changing concepts that only during the Carnival and New Year, especially in Rio de Janeiro, we have a significant increase in revenue from that sector. The regulation of the gaming sector will lead to a new concept of tourism, which is very successful in many countries of the world.
What message would you give to lawmakers that are discussing the gaming law?
In fact this is wrong information. Currently, what is sought is the merit evaluation of matter 924 -game of chance - by the Superior Federal Court, thus standardizing the understanding and pacifying the matter. This precedes the creation of own legislation that contemplates the regulation of the segment.
When the time comes, it is expected that the urgency of the issue will be sensitive, especially taking into account the generation of jobs and resulting taxes. We understand to fit with due urgency Decree law and Provisional Measure in Period that precedes the debate of the legislators to effect regulatory law ... whose omission lasts 75 years. And like so many other relevant issues in Brazil, the judicial power ends up discriminating and legislating!
Source: Exclusive Games Magazine Brasil
