The text will now go to the Plenary of the Chamber of Deputies and depends on a simple majority - half plus one - to go to the Senate. There, the criteria are the same. If the senators approve the PM with amendments, the text returns to the deputies for further analysis. If approved, the measure is finally sent for presidential sanction, which suggested the original measure.
In justifying the amendment, the parliamentarian argues that Brazil lives the dilemma of legalizing gambling through dozens of bills that have already been presented and some are still under discussion in Congress.
"The ban on gambling in the country is directed only at private initiative. The Law of Penal Contraventions prohibits gambling managed by private initiative. In other words, in practice, what you have is not a ban on gambling in Brazil, but rather a state monopoly on gambling. Perhaps here we have a part of the explanation of why the legislation of gambling in the country is not opened: the State hates competition," he justifies.
Articles of Decree-Law No. 3,688 of 1941, the Criminal Contraventions Law - LCP, which can be revoked:
CHAPTER VII
OF CONTRAVENIONS RELATING TO THE COSTUME POLICE
Art. 50. Establish or exploit gambling in a public place or accessible to the public, upon payment of entry or without it: (See Decree-Law No. 4,866, dated 10.23.1942) (See Decree-Law 9.215, dated 30.4. 1946)
Penalty - simple imprisonment, from three months to one year, and fine, from two to fifteen contos de reis (amount of great intrinsic value), extending the effects of the sentence to the loss of furniture and decorative objects of the place.
§ 1° The penalty is increased by one third if there is a person under eighteen years of age or participating in the game.
§ 2° The fine, from two hundred thousand reis to two contos de reis, is incurred by anyone who is found participating in the game, as a pointer or bettor.
§ 2a The fine of R $ 2,000.00 (two thousand reais) to R $ 200,000.00 (two hundred thousand reais) is incurred, who is found to participate in the game, even if via the internet or any other ways of communication , as a pointer or bettor. (Wording given by Law No. 13,155, 2015)
§ 3° Games of chance are considered:
a) the game in which the gain and loss depend exclusively or mainly on luck;
b) bets on horse racing outside the racecourse or where they are authorized;
c) bets on any other sports competition.
§ 4° For a criminal purpose, a place accessible to the public is equipped:
a) the private home in which games of chance are held, when they usually participate in people who are not of the family of the person who occupies it;
b) the hotel or collective housing, whose guests and residents are offered gambling;
c) the headquarters or dependency of a company or association, where gambling takes place;
d) the establishment intended for the exploitation of gambling, even if that destination is hidden.
Art. 51. To promote or extract a lottery, without legal authorization:
Penalty - simple imprisonment, from six months to two years, and fine, from five to ten contos de réis, extending the effects of the condemnation to the loss of existing furniture in the place.
§ 1° Anyone who keeps, sells or exhibits for sale incurs the same penalty for the purpose of sale, introduces or attempts to introduce unauthorized lottery tickets into circulation.
§ 2° A lottery is considered to be any operation that, through the distribution of tickets, lists, coupons, vouchers, signs, symbols or similar ways, makes it necessary to draw a prize in cash or goods of another nature.
§ 3° The draws authorized in the special legislation are not included in the definition of the previous paragraph.
Art. 52. To introduce, in the country, for the purpose of trade, a lottery ticket, raffle ticket or foreign draw:
Penalty - simple imprisonment, from four months to one year, and fine, from one to five contos de réis.
Single paragraph. Those who sell, exhibit for sale for the purpose of sale, introduce or attempt to introduce a foreign lottery ticket into circulation are under the same penalty.
Art. 53. To introduce, for the purpose of commerce, a state lottery ticket in territory where it cannot legally circulate:
Penalty - simple imprisonment, from two to six months, and fine, from one to three contos de réis.
Single paragraph. Anyone who sells, exhibits for sale, incurs, for the purpose of sale, introduces or foolishly introduces into the circulation, a state lottery ticket, in territory where he cannot legally circulate.
Art. 54. Display or have a foreign lottery draw list under custody:
Penalty - simple imprisonment, from one to three months, and a fine, from two hundred thousand to a conto de réis.
Single paragraph. The same penalty applies to anyone who displays or has a state lottery draw list under their custody, in a territory where it cannot legally circulate.
Art. 55. Print or execute any ticket making service, draw list, notices or posters related to the lottery, in a place where it cannot legally circulate:
Penalty - simple imprisonment, from one to six months, and fine, from two hundred thousand reis to two contos de reis.
Art. 56. Distribute or transport posters, lottery lists or lottery notices, where it cannot legally circulate:
Penalty - simple imprisonment, from one to three months, and fine, from one hundred to five hundred thousand reis.
Art. 57. To disclose, via a newspaper or other printed matter, radio, cinema, or any other form, even if in disguise, an announcement, notice or result of drawing a lottery, where the circulation of your tickets would not be legal:
Penalty - fine, from one to ten contos de réis.
Art. 58. To explore or carry out the lottery called jogo do bicho, or to perform any act related to its realization or exploitation:
Penalty - simple imprisonment, from four months to one year, and a fine, from two to twenty contos de réis.
Single paragraph. A fine of two hundred thousand reis to two contos de reis is incurred by the person who participates in the lottery with a view to obtaining a prize, for himself or for a third party.
Source: GMB / Conjur
