Decision equates poker with the illegal lottery game "jogo do bicho" (a Brazilian lottery game).

Editor's Blog | 29.07.19

By: Magno José

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The decision by the 3rd Panel of the 10th Regional Labor Court (TRT10), which recognized the nullity of an employment contract signed between a poker tournament company and a 'sanger', is at the very least controversial in defining poker as games of chance.

There are dozens of court decisions in Brazil, and even international recognition from IMSA (International Mind Sports Association) and the Ministry of Sport, that recognize poker as a sporting activity and that luck has little relevance to the outcome of the game, which is why it does not fit the concept of gambling.

The panel upheld the lower court judge's decision, which cited jurisprudence from the Superior Labor Court (TST) stating that an employment contract entered into for the performance of activities related to the illegal gambling of illegally known as "jogo do bicho" is null and void due to the illegality of its object and that the activity constitutes a contravention, incurring the same jurisdictional consequences, with no labor-related effects being recognized.

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