So, are Neymar's poker games in Mangaratiba legal?

Highlight I 23.03.18

By: Elaine Silva

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Brazilian soccer star Neymar Jr. often plays poker with friends at his mansion in Mangaratiba (Rio de Janeiro). Even his girlfriend Bruna Marquezine has joined in the game (Instagram/NeymarJr).

Vanderlei Luxemburgo, Ronaldo Fenômeno, and Neymar Jr. Besides their fame in the world of football, these "footballers" are also known for their poker aficionados. The card game has gained popularity in Brazil in recent years and has become a craze in the country, even leading to the opening of several gambling "clubs," especially in large cities. There are also specialized websites where it is possible to participate in online tournaments against people from anywhere in the world – some offering millionaire prizes.
In the case of soccer stars, poker has become a craze even in training centers, especially on the nights before games. Athletes also often reserve space in their luxurious homes for playing the famous American card game. To give you an idea, according to the news portal UOL, Neymar, once again, gathered his friends on March 6th for a poker night at his luxurious mansion in Mangaratiba, in the metropolitan region of Rio de Janeiro, where he is recovering from surgery on his right foot. During the fun, he posted several videos and photos on his Instagram stories. The PSG and Brazilian national team number 10 is sponsored by the PokerStars website and has an official table at his Rio residence.
With so many celebrities promoting poker, have you ever wondered if the game is legal in Brazil?
What does the law say
Decree-Law No. 3688, of October 3, 1941, signed by then-President Getúlio Vargas, is popularly known as the Law of Criminal Offenses and prohibits, among other things, the practice of games considered to be games of chance in Brazil, such as the "jogo do bicho" (animal lottery), bingo, and casino operations.
In Chapter VII, Article 50, Paragraph 3 of the document, a game of chance is defined as "one in which winning and losing depend exclusively or mainly on luck." Most card games initially fall under this description, since they involve shuffling and then randomly distributing the cards to the players.
What the fans are saying
However, associations and clubs that defend poker insist that it is not a game, but rather a sport. This is because matches are decided primarily by the skill of the players, with luck playing a secondary role. "In poker, luck is also involved, but the outcome of the game does not depend solely on it. Logical reasoning, observation, and the actions of the players exert as much influence as luck," says a text on the subject published on the website Regrasdopoker.com.br.
Legal support
In 2010, the National Council for Advertising Self-Regulation (Conar) authorized the airing of advertisements for poker websites on Brazilian open TV channels. The body based its decision on an opinion from the renowned jurist Miguel Reale Jr. – former Minister of Justice in the government of Fernando Henrique Cardoso (2002). This remains one of the most frequently used arguments by supporters of this card game.
According to the analysis of the São Paulo jurist, in poker, a player's success "depends on the ability to perform mathematical calculations, alongside the artifice of concealing one's own feelings and correctly perceiving the feelings of others, in constant 'psychological evaluation,' analyzing the reactions and ways of being of each of the contenders." He concludes: "[...] it can be said that in the game of poker, the winner is the one who combines logic and sensitivity." Watch some images of the Brazilian star playing with friends in Mangaratiba on the website of [website name]. Meeting Magazine – Marcelo Fraga.

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