The Senate document responds to the request made by Minister Edson Fachin, in February. The magistrate sent letters to the presidents of the Chamber of Deputies, Rodrigo Maia, and of the Federal Senate, Davi Alcolumbre, to request information about the initial PHS request. The Chamber of Deputies has not yet sent its opinion.
In the Statement of Non-Compliance with Fundamental Precept (ADPF) 563 that the Humanist Solidarity Party filed at the Supreme Federal Court, 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 country.”
Check out some excerpts from the document prepared by the Senate and signed by Senate lawyers Anderson de Oliveira Noronha; Edvaldo Fernandes da Silva and Fernando Cesar Cunha:
The present action, it seems, is an attempt to judicially impose the author's opinion on what would be more appropriate as regards the regulation of gambling in Brazil. However, there is no way to say that the violations described above exist. The desire to modify a current system cannot serve as a basis for considering the current regulations to be unconstitutional or unaccepted.
Even more. The definition of the appropriate system must be the result of a debate in which the broad participation of interested parties is possible, which is why the Legislative Branch is the favorable and constitutionally adequate environment for this choice and delimitation.
Thus, if the PHS currently diverges from the legislation, the way for it is to propose the modification of the lawand work so that a bill passes and is approved by the Chamber of Deputies and the Federal Senate. For that, it cannot rely on the Supreme Federal Court via ADPF, as if such a magnanimous action and such an important court were a mere shortcut. They are not.
However, it would not even be necessary for PHS to currently propose a bill, since there are already projects that meet exactly what the author aspires to. Let's see.
One of them is the Bill of Law (PL) 5319/20191, proposed by Federal Deputy Eduardo Bismarck on 10/01/2019 and currently pending before the Chamber of Deputies. The purpose of the project is to amend Decree Law No. 3,688 / 1941 to authorize the exploitation of games of chance only in leisure resorts and casino hotels authorized by the Federal Executive Branch.
Another is the Legislative Decree Project (PDC) 858/20172, proposed by Federal Deputy Nelson Marquezelli on 11/30/2017 and currently also pending before the Chamber of Deputies. The object of the project is precisely to stop Decree-Law nº 9.215 / 1946, now authorizing the exploitation of games of chance throughout the national territory.
In the Senate there are also several projects dealing with the matter in the sense of what the author wants. For example, Senate Bill No. 186/20143, proposed by Senator Ciro Nogueira, which deals with the exploitation of games of chance, defines what are the games of chance, how they are exploited, authorizations, destination of the collected funds, and defines administrative infractions and crimes due to the violation of the rules concerning the exploitation of games of chance.
There is also, in the Senate, Bill No. 2,648 / 20194, proposed by Senator Roberto Rocha, which provides for the exploitation of casinos in installed resorts or which will be installed in any part of the national territory, and makes other provisions.
Source: GMB
