According to the case file, the plaintiff requested authorization to operate from the Municipality of Adamantina, which denied the request, as it understood poker as a game of chance and its open practice, therefore, a criminal offense. The club, therefore, distributed a lawsuit asking for the granting of the permit, which was dismissed by the 1st Court of the District of Adamantina (SP).
The appeal's rapporteur, Judge Maria Isabel Caponero Cogan, dismissed the appeal, despite the appellant's statements in defense of poker as a sport.
"Indeed, there is no denying that the game of poker requires the intellectual dexterity of players, involving logical reasoning, mathematical calculations, statistical checks, emotional control and other skills," wrote the magistrate.
“On the other hand, it cannot be denied that the game also involves the element 'luck' in terms of receiving the cards distributed to the participants and positioning the player on the game table. In this respect, the qualification of poker as a game of chance cannot be totally excluded,” she added.
As a continuous act, the rapporteur also stated that the club itself recognizes that it would not be able to control the placing of bets by the attending public and that it is not known how much access to the gaming tables, charged by the establishment, nor the value of the prize to winners.
“Thus, even though the appellant has the scope of the noble purpose of encouraging a game that stimulates mental activities, the environment where these games would take place could foster activities contrary to the positive legislation and adverse to customs and social peace, without control by the establishment.”
Judges Augusto Francisco Mota Ferraz de Arruda and Dimas Borelli Thomaz Júnior participated in the trial.
(With information from the São Paulo Court of Justice - TJSP)
MENUAPPEAL. ADMINISTRATIVE ACT. ESTABLISHMENT OPERATING TOURNAMENTS, GAMES AND OTHER ACTIVITIES, WITH AN EMPHASIS ON POKER ("TEXAS HOLD'EM" MODALITY). Action of obligation to do to obtain the permit. Judgment of dismissal. Although the author, now appealing, has as scope the noble purpose of encouraging a game that stimulates mental activities, the environment where these games would take place could foster activities contrary to positive legislation and adverse to customs and social peace, without control by the establishment. Absence of control over the placing of bets, neither is it known how much would be charged on admission to the establishment and the gaming tables, nor the value of the money distributed to the winners ("prize"). Incidence of art. 50 of the Criminal Misdemeanor Law. Refusal to supply the business license. Supervisory power of the Municipality, observing the principles of the Administration. Sentence maintained. Precedent of this E. Court. RESOURCE DISPOSED.
(TJSP; Civil Appeal 1001861-28.2018.8.26.0081; Rapporteur: Isabel Cogan; Judging Body: 13th Chamber of Public Law; Adamantina Forum - 1st Court; Judgment Date: 02/05/2020; Registration Date: 02/06/2020)
Source: GMB / Juristas