💥 Brazil🇧🇷: IAB approves legal opinion declaring casino ban decree unconstitutional

💥 Brazil🇧🇷: IAB approves legal opinion declaring casino ban decree unconstitutional

The Instituto dos Advogados Brasileiros (IAB) approved a legal opinion yesterday concluding that the well-known Decree-Law No. 9,215/1946, enacted in 1946 to prohibit casinos in Brazil, was not incorporated into the 1988 Federal Constitution due to its incompatibility with the country's current constitutional framework. According to the analysis, the decree conflicts with fundamental constitutional principles, including human dignity, private autonomy, free enterprise, and economic freedom.

📈 The Constitutional Law Commission of the Brazilian Bar Association (IAB) emphasized that the pre-constitutional measure was adopted during a historical transitional period and had a temporary nature specifically aimed at prohibiting physical casinos. Therefore, it could not reasonably be extended to online gambling activities.

📈 The opinion further argues that maintaining an absolute prohibition on casinos finds little support in contemporary criminal law theory. According to the legal analysis, the ban represents a form of so-called “symbolic criminal law,” which is incompatible with both the harm principle and the constitutional limits imposed on the state's punitive authority.

📈 The experts also highlighted that the prohibitionist model has proven structurally ineffective over time. Rather than eliminating demand for gambling, it has merely shifted activity toward underground, informal, and transnational markets. This dynamic reduces the state's ability to supervise the sector, weakens consumer protections, and contributes to the growth of parallel markets.

📈 In contrast, the IAB advocates for a regulatory framework centered on transparency, effective oversight, and consumer protection. The institution also noted that the primary legal frameworks currently governing games of chance in Brazil are Laws No. 13,756/2018 and No. 14,790/2023.

📈 The opinion approved by the IAB could play a significant role in ongoing gambling regulation debates in the National Congress, serving as an important technical and legal reference in future legislative discussions regarding the sector.

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