Responsabilização criminal da pessoa jurídica nos jogos de azar virtuais: a responsabilidade dos provedores de internet, das operadoras de cartão de crédito e dos bancos

Abstract

The evolution of the internet has developed positive and negative aspects to many countries over the years. In Brazil, while the net spread through the population and brought several advantages, new contemporary crimes were rising, such as the virtual game of chance. Such games to be carried out within the international (international sites) established a paradigm between the effectiveness and reach of the Brazilian legislation. Game of chance is classified as a misdemeanor (Executive order 3.688/41, art. 50, § 3, "a"). However, regarding virtual game of chance no specific legislation regulating the sites that perform such illegal operations in the country daily. Aware of these problems Senator Garibaldi Alves Filho proposed to the Senate Bill n. 255 of 2009, which criminalizes the conduct of internet providers, operators of credit card and bank in game of chance online. From this comes a possible solution of the situations discussed in the Brazilian Criminal Law regarding criminal responsibility of corporate body. Finally, using the theory of legal reality conceive that the solution brought by the bill above is plausible and will be critical on curing a defect existing lack of legislation in legal system and suppress illicit services offered to society.