The Latin maxim, Nullum crimen, nulla poena sine praevia lege poenali, which means, “No crime, no punishment without a previous penal law,” is a legal principle adopted by a large number of countries and incorporated into international criminal law.

This rule guarantees the right for citizens to do as they wish as long as there is no previous law prohibiting their actions, and their actions do not infringe upon the freedoms of others.

Therefore, because poker in Brazil is unregulated and unprecedented, the right for Brazilians to play should not be questioned.  American Rep. Barney Frank once stated, “I´m not pro-poker, I´m pro-freedom,” and that is the sentiment that propels Brazil’s poker community.

In Brazil, “games of chance” were disallowed with the inception of Decree-Law 3.688/41, even though there is no objective criteria provided to qualify certain activities as “games of chance” or “gambling.”

The law defines a “game of chance” as follows:

  a) game where the gain and loss depends solely or mainly on luck;
  b) wager set on horse racing off-site which authorized;
  c) wager set on any sports competition.

Only item “a” could apply to poker, but with no definition of “gain or loss,” nor range of the term “luck,” the law ultimately fails to rule decisively.

Further discussion is extraneous, as poker’s worldwide enthusiasts have exhausted Brazil’s essential dichotomy: the debate between chance and skill.  This discussion is similar to the  ongoing debate in the United States, and many other countries throughout the world.

For the past 4 years, against all odds regarding legalities and preconceptions, the Brazilian National Circuit of Texas Hold´em, also known as Brazilian Series of Poker, has experienced huge success.  The Series averages 400 competitors per event, approximately ten times more than the inaugural field.

Another catalyst for the debate is Alexandre Gomes, arguably Brazil’s most successful player, who impressed the world poker community last year by becoming Brazil’s first WSOP champion, and then winning a WPT bracelet a few weeks ago.

While  these results are unquestionably positive, poker’s increased popularity in Brazil has introduced a quandary for lawmakers and participants alike, who now must tackle the question of poker’s legitimacy.  The growing market forecasts the moment for answers to come soon, and at that time both parties will be forced to show their hands.

We hope Brazilian courts will repute poker as a skill game and a legal activity, so that their players can enjoy more bracelets and less handcuffs.