A (in)constitucionalidade do monopólio de Estado sobre os jogos de azar: o paradoxo do Estado que proíbe, mas faz

Abstract

The present work of conclusion of course has as object of study the games of chance, and it is delimited in the understanding of the possible (un)constitutionality of the monopoly of the State on the games of chance. Gambling was banned in Brazil by decree-law 9,215 of April 30, 1946 by President Eurico Gaspar Dutra. The argument in favor of the ban was that the games were against the moral, legal and religious tradition of the Brazilian people. The general objective is to analyze the constitutionality of the monopoly on gambling in Brazil, the specific objectives are to understand the concept of gambling and the history of gambling in Brazil; critically analyze the current legislation banning gambling; and examine the need for new national legislation on gambling. The problem to be answered is the following: Is the State's monopoly on gambling constitutional? The present work is justified by the need for theoretical deepening on the subject. The State has the duty to guarantee equal rights to all, especially individual freedoms that are fundamental rights of the first generation, in addition to guaranteeing that all laws are complied with so that there is a harmonious society. The research uses the deductive method, descriptive research, and the bibliographic procedure. Thus, all the reasoning will be taken from books and articles on the topic and related topics. Judgments and legislation will also be used.