Liberdade e limites da coerção legal no âmbito da moralidade: análise da proibição dos jogos de azar no Brasil

Abstract

The theme of this work is the definition of liberty and the limits of legal coercion in the context of morality, using as a paradigm the problem of the prohibition of gambling in Brazil. The objective of the study is to clarify the parameters of state action that respect the liberty and independence of individuals having as theoretical framework the legitimacy of coercion aimed at curbing only harm to others and never damage to oneself, according to the harm principle developed by John Stuart Mill. Following this conception, define concepts such as damage, coercion and liberty. The development of the study is based on bibliographic study of the works of Isaiah Berlin, Ronald Dworkin, Herbert Hart, Paul Smith, as well as own work of Mill, ''On Liberty''. The conclusion deduced occurs in the sense that individuals should have autonomy over the choices that generate consequences only on their own lives, for only thus will be maximized the welfare and progress of society and respect for minorities. Moreover, the restraining action must comply proportionality and legitimacy. Thus, in this case, should not be allowed the state to coerce and suppress the practice of illegal gambling, considering this conduct harmless to others and irrelevant to the values sought by liberal democracy.