Deu no poste! A paradoxal relação entre proibição e a prática do jogo do bicho

Abstract

The present study has the objective of analyzing the conflictual relation between the prohibition and the existence, in spite of the first one, of the game of the animal. We will analyze the criminal doctrine, principles of legality in confrontation with the principles of fragmentation and social adequacy. We will address the TST decision that recognized the employment relationship between "pointers" and "bankers." As this prohibition hurts private autonomy, since its prohibition has a strong moral character. Analyze the crimes related to the practice of this crime, money laundering, criminal organization, evasion of foreign exchange. The negative consequences of this prohibition and possible improvements in the case of legalization, in the case of the state of Paraíba that for a long time "tolerated" the practice by charging a fee from the "bankers" who exploited the game.