Os desafios para a regulamentação das apostas esportivas frente ao sistema jurídico brasileiro.

Abstract

For some time now, in Brazil there has been a series of news that has generated expectations, discomforts and quite euphoria in some classes within our national population. It was only an assumption that the regulatory framework of gambling could be turned to the National Congress, so that it could attract glances that had hitherto been inert and inoperative since the 1940s, when the Criminal Contraventions Law in one of its chapters, the prohibition on the practice and exploitation of games that depend on random and intangible elements at the will of third parties to generate a result, the so-called gambling, which in theory has since been and is abolished in our homeland . Since then, a series of discourses and debates have begun, among the most diverse social groups, about the many effects that the measure of reevaluating the condition of gambling could cause. With this analysis, it is important to consider the specificity of the sport and the modality of sports betting that are carried out as a result of it, since they need a different treatment when compared to the other modalities of games of chance that are contained in the role of contraventions. In this monographic work, we intend to investigate the relevant social aspects and analyze not only the treatment of sports betting in the current national legislation, but also to compare foreign legislation in countries that have legalized and regulated games, confronting them to that reveal the real challenges for the regulation of sports betting in our country. The paper begins with the definition of gambling, its origin and historical aspects in general that are relevant to the understanding of the theme. Secondly, we present the evolution of games in the social environment, its repercussion and its social effects from the beginnings of humanity. And last but not least, we must present some of the most important positions on the subject, including examples of countries where gambling is operated on a regular basis and how its legislation works to achieve this.