"In order to instruct the process, I request information, within 5 days, on what was alleged in the attached copy petition, under the terms of Law No. 9,882, of December 3, 1999," said the digitally signed letter that the Minister and ADPF 563 rapporteur, Edson Fachin, sent last Friday (7th) to the President of the Chamber of Deputies, Rodrigo Maia (Electronic letter nº 801/2020) and Davi Alcolumbre, President of the Federal Senate (electronic letter nº 802/2020).
In February, the Humanist Party for Solidarity filed a Fundamental Precept Failure Statement (ADPF) 563 with the Federal Supreme Court (STP), with an injunction request, with the aim of releasing 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 1988 Federal Constitution.
In ADPF 563, proposed by PHS, lawyer João Caldas da Silva starts from the assumption that “criminalizing the private economic activity of gambling is not adequate and proportional, either 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 game of chance.”
In the action, the caption states that the liberation of the exploitation of games of chance by the private initiative is a clear opportunity for income generation, jobs and tax collection, in a context in which the Federated Entities need economic alternatives to return to growth.
“The governor and the mayor of Rio de Janeiro, for example, defend the liberation of gambling as an alternative to overcome the fiscal crisis that the federated entities face. The mayor of the city of Rio de Janeiro, Marcelo Crivella, has already defended the construction of a tourist complex, with a resort and casino,” he says.
Still according to the Party, the maintenance of the prohibition is neither reasonable nor proportional and none of the motivations listed for the edition of the norm is currently supported. “Allowing the private sector to exploit the economic activity of gambling does not offend morals and good customs and is perfectly in line with the legislation of the vast majority of countries in the world. The prohibition imposed by the attacked norms is not supported and validated in the 1988 Constitution,” they say.
Last December, the PHS petitioned Minister Edson Fachin for the Supreme Court to convene a pubic hearing to collect testimony from authorities and members of society in general who can contribute with technical and legal clarifications on the decriminalization of gambling exploitation by private initiative. “The State that prohibits is the same that exploits game of chance,” they assert.
Source: GMB
