Through its lawyer, João Caldas da Silva, the PHS sent the petition to the STF where it requires preference in the judgment of ADPF 563, due to its great social, political and economic relevance.
PHS understands that "the matter dealt with in the ADPF is mature and ready for judgment, due to the social circumstances present today and the recent decision of the STF in the judgment of ADPFs 429 and 493 and ADI 4,986."
In addition, the situation described in the Initial is perfectly shaped by the decision of the STF in these actions, as it constitutes a real power abuse to legislate when the Union, by means of a penal rule, reserves the economic activity of gaming for itself and restricts in an unreasonable and anti-isonomic way the exploitation by private initiative.
The appreciation of ADPF 563 became especially important at a time when the Brazilian State is looking for alternatives to finance a basic income and social assistance program. As a result, PHS asks Minister Edson Fachin to guide the matter.
In February 2019, PHS filed a Supreme Court Failure Compliance with the Supreme Court (ADPF) 563, with an injunction request, with the objective of freeing up the exploitation of gambling by the private sector.
According to the party, the rules that prevent the activity from being exploited by private individuals unjustifiably offend individual freedom and contradict the constitutional dictates of the economic order and, therefore, must be declared not accepted by the Federal Constitution of 1988.
At ADPF, Caldas da Silva assumes that “criminalizing the private economic activity of games of chance is not adequate and proportional, whether due to the inadequacy of the property legally protected by art. 50 of the LCP and by Decree-Law 9,215, of 1946 (moral and good manners), either because the State that prohibits it, is the same that exploits the game of chance ”.
Source: GMB
