"They are doing it at their own risk," says judge regarding betting at gambling establishments in the capital.

The practice of placing bets with real money at the Winfil gambling establishment, which opened in the southern part of Porto Alegre, was not authorized by the courts. Therefore, Judge Viviane de Faria Miranda, of the 3rd Public Treasury Court of the Capital, believes that the owners of the establishment are "doing so at their own risk." Last Friday, the judge granted a preventive injunction to the gambling establishment, prohibiting the Civil Police and the Military Police from seizing or confiscating slot machines. The following day, the gambling establishment began allowing bets with real money on the slot machines.

“My decision was not to allow the betting because they can still be prosecuted for the crime, since there are still controversies on the matter. What I said is that they cannot seize the machines because there is a discussion about whether or not it is legal. In my view, they went a little outside the law (by allowing money bets),” the judge explained in an interview with Rádio Guaíba this morning.

The judge also pointed out that anyone can gamble because, according to her, it's not a crime. "What would theoretically be a crime is the owner determining that it's done through betting. So, this mess that remains... They are doing it at their own risk," she assessed.

In this case, the magistrate argues that there is no impediment for the Civil Police to go to the location and make a Circumstantial Report, for example. Furthermore, the magistrate points out that, until Saturday (28), no bets were being placed at the location. The space was inaugurated on October 19th.

Specifically regarding the warrant prohibiting the seizure of the machines, Miranda emphasizes that the equipment does not originate from illicit sources, as proven by the owners with the presentation of invoices. Furthermore, the defense lawyers demonstrated that there was a threat of seizure of the machines. The judge states that she based her decision on the argument that there is a legal impasse, as there is an atypical situation and, in her understanding, there is no criminal offense.

“It would then be understood that Winfil's activity is a lawful activity and, therefore, there would be no reason to seize the machines. Especially since I know, from my experience in Criminal Court, that seizing slot machines becomes a problem for our Judiciary because we don't even have a place to put them, and when they are put in a warehouse, they become completely dilapidated. So, there is also a practical issue,” he emphasizes.

The Public Prosecutor's Office will appeal.

The Public Prosecutor's Office of Rio Grande do Sul (MPRS) opposes the judge's decision and promises to appeal. However, the MPRS is still studying which terms to use in its arguments and has not set a deadline for filing the lawsuit. According to the prosecutors, based on a ruling by the Court of Justice, gambling constitutes a criminal offense. This was the unanimous decision reached by the judges of the 1st Criminal Chamber of the TJ/RS on October 18th, during the appeal hearing.

According to the ruling, "Article 50 of the Law on Minor Offenses has not been repealed or revoked by subsequent legislation and remains fully in force." In the document, the judges also highlighted that "while the issue is morally controversial, there is empirical evidence to make the legislative option of criminalization at least reasonable. Pathological gambling is considered a mental disorder with well-defined diagnostic criteria, the essential aspect being persistent and repeated gambling, which, continuously and frequently, increases despite adverse social consequences such as impoverishment, family breakdowns, and impairment of personal life."

What the defense says

Winfil bases its argument on decisions from the Appeals Panel of the TJRS (Court of Justice of Rio Grande do Sul), which does not consider gambling a criminal offense, arguing that it is the State's responsibility to prohibit betting administratively. The Rio Grande do Sul Court maintains that it does not have a "settled" position on the matter. ( Felipe Vieira – Daiane Vivatti/Rádio Guaíba)