Da falta de justificativa na criminalização de jogos de azar no Brasil: análise principiológica

Abstract

Brazilian criminal law is sparse and has several normative sources, as the two main means the Criminal Code (Law 2848/1940) and the Law of Contraventions Penais (Law 3,688 / 1941). The Criminal Offenses Act, which will be at the discussion in this paper, regulates various conduct and, because it is so old, raises several questions about the need or not for the protection of criminal law in some typifications. Undoubtedly, gambling, as defined in Article 50 and the following of this Law do not escape the controversy. In this paper the justification (or lack of it) for the criminalization of gambling by means of a principal analysis. For this, the concept of legal good will be explained, who are in need of criminal protection and, subsequently, an analysis of the concrete case applying the principles so that, finally, the about the criminalization of gambling.