I suggest you read this article my friend.
One of the main controversies that exist when it comes to poker, often due to ignorance of the law, is about its legality.
Many consider the game, and especially cash games, ring, table game or free (where player buys chips equivalent to the amount they want to invest and, if lost, can buy more), illegal. However, poker games are totally legal in Brazil because they are not considered as gambling.
According to § 3 of Article 50 of Law 3.688/41, the "in which gain and loss depend exclusively or mainly on luck" are considered, such as casino roulettes. Regarding poker, there are studies, both national and international, that show that most of the time the winner wins the chips without showing the cards, depending solely and exclusively on his skill.
The Brazilian Confederation of Texas Hold'em recently stated that the Ministry of Sport is working to create a study group to regulate poker as a sport in Brazil; currently with more than 4 million practitioners. The sport will have all its legislation analyzed by the ministry to be recognized legally as a sport.
Jurisprudence is definitively moving to admit, irrefutably, the entrepreneurial exploitation of poker tournaments. In view of the constitutional principle of free enterprise, the wording of § 3 of Article 814 of the Civil Code, and especially the absence of a legal prohibition, it is absolutely lawful the activity of business, physical or virtual exploitation, of matches or tournaments involving mind sports, such as chess, backgammon and even poker. Let's see what Judge Sebastião de Moraes Filho, tj-MT, quoted in Civil Appeal under no. 00161747120148110015 64465/2015 on the illegality of poker games:
"In the modality that occurs, the game of poker is an activity recognized as a sport whose representation at the national level is given by the Brazilian Confederation of Texas Hold'em – CBTH, entity registered in the ministry of sport, with no way of not being rejected the initial under this argument, which is why the file must return the initial instantiation for its regular continuation. Poker cannot be considered a game of chance in the exact definition of art. 50, LCP. It's just that card games depend a lot on the player's ability."
Therefore, professional poker players, or even those friends who meet at the weekend, can continue playing Texas Hold'em guilt-free, without the risk of being charged as criminals or interrupted by any police inspection, which in this case would be more abuse of authority.
Good luck at the tables!
