AQUINO, S.R.M.; http://lattes.cnpq.br/4215507130021328; AQUINO, Samuel Rodrigues Maia.
Résumé:
The Brazilians are increasingly being influenced by sports betting, and this type of
gamble game is increasingly present in their daily lives, social media, in turn, play an
important role in bringing the individual closer to sports betting, ensuring more fans.
The topic of sports betting has become a topic of discussion in recent years, mainly due
to its profitable business, reaching billions of reais. In this way, the discussion about the
need for regulation, the benefits and harms of the practice became present in the
National Congress and by the operators of the law. With the advent of law 13.756/2018,
sanctioned by President Michel Temer on December 12, 2018, sports betting that had
remained inert since the 40s with the existence of the criminal misdemeanor law, began
to be explored in Brazilian territory, especially with the expansion of the world wide
web, however the law is not fully effective, given the need for regulation by the Ministry
of Economy. Sports betting does not have a defined rule, remaining a "gray area" of the
legal system, making it difficult to analyze whether its practice is in accordance with the
law. Despite the lack of regulation, sports betting is in full swing, since the sports betting
servers are located abroad, which prevents the incidence of the law of criminal
misdemeanors, under the terms of art. 2 of the Criminal Misdemeanors Act. Thus, the
present monograph aims to examine sports betting both in its social and psychological
context and to what extent this modality is inserted within the legality, highlighting
eventual illegalities that may occur due to the lack of regulation of gambling, in addition
to indicating the dangers of addiction arising from the practice of gambling and compare
with foreign legislation. The present essay is presented in three chapters, the first chapter
addresses the historical and psychological aspects, the second chapter emphasizes the
historicity of the legislation on gambling until contemporary times, in addition to
presenting the criminal, tax and constitutional aspects existing in the legal system on the
theme, and in the third chapter presents the need to have a regulation on sports betting
and indicating the harm and benefits of its exploitation. The method used is deductive
with a bibliographical, legislative and jurisprudential basis. Regarding the analysis, the
historical and comparative procedure is used.
