Brasil Betting News

Poker Law

Poker is not a crime: understand the law on online poker in Brazil!

Updated : 30 Jan 2024

Written by :

Larissa Borges

Publishing company

Did you know that poker is one of the most popular card games among Brazilians? Whether played in person or online, it is gaining more and more fans across the country! But now you may be wondering:

“Isn’t playing poker for money illegal in Brazilian territory?”

And this is where you will be surprised: as incredible as it may seem, playing poker is legal! ⚖️

What happens is that there is some confusion regarding this type of game, especially when they put Poker on the same level as casinos .

Still have questions? Don’t worry, we’ll explain why poker is legal in Brazil. We hope to clear up any misunderstandings about this card game, which is actually much more about technique than luck!

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Poker is not a game of chance

Today, there are 7 million poker players throughout Brazil. According to the Brazilian Texas Hold’em Confederation, most of them play online. In several states, there are venues dedicated to poker competitions, broadcast live on the internet.

None of them receives a visit from the police or authorities. But why?

Shocking or not, the fact is that poker is not, and has never been considered a game of chance.

Gambling depends exclusively or mostly on luck.

As you can read in this article, this is the case with the famous casino roulettes , bingo and animal games.

In poker everything depends on the skill of the players

Let’s not lie: there is a certain amount of luck involved in poker games. But unlike what we see in scratch card games , for example, luck is minimal, at least for those who know what they are doing.

What really counts is the player’s skill, technique and insight. Here are some of the many factors that affect success in a game of this card game:

  • Knowledge and mastery of the rules;
  • Position of players at the table;
  • Self-control of emotions;
  • Awareness of opponents’ movements;
  • Skill in removing chips;
  • Be a good bluffer.

Prejudice against poker

Since the ban on the Jogo do Bicho , first in 1941 and then in 1946, Brazil has looked askance at gambling. For over 50 years, Brazilian society has been divided between legalizing gambling and keeping it banned. However, 50 years ago, technologies like the Internet did not exist!

Yes, we have already seen that poker does not fit this definition. So why do many people consider it a game of luck? Popular and cultural imagination has a lot to do with it.

We’ve always seen mobsters and protagonists playing poker for money in movies and TV series. It’s that classic scene of a player losing all the chips on the table and everything he invested in the game.

Or the opposite, when James Bond reveals a hand of cards and resolves the entire situation with the film’s villains. Furthermore, in casinos like those in Las Vegas, slot machines , bingo, roulette and card games like poker come together.

Poker slowly gains respect

Poker has been legal for a long time. Its acceptance is more recent. In 2015, for example, it was included in the National Integration Games for Federal Police Officers.

In other words: even the most important police force in the country plays! Why not you?

The Federal Public Ministry is against casinos. However, it has already recognized the legality of poker.

In recent years, players and poker houses have won several lawsuits. This confirms the fact that the law is indeed on the side of this activity. The distrust of it is much more cultural.

Authorized, tolerated and prohibited games

It is important to mention here another legal aspect of games in Brazil: their classification. This classification aims to clarify some conceptual errors, normally committed by the civilian population.

According to the Brazilian Civil Code, we have three different categories:

  • Authorized games;
  • Tolerated games;
  • Prohibited games.

1. Authorized games

This category only includes games that the State and Public Authorities legally authorize to take place. But not only that, since the Government also contributes to the existence and maintenance of these activities.

We can mention 2 very famous cases:

2. Tolerated games

Tolerated games are neither prohibited nor regulated. The State does not interfere positively or negatively in their occurrence. Another fundamental point: in this type of game, luck plays a minimal or almost non-existent role. It therefore depends on the player’s skill.

Obviously this is the case with Poker!

3. Prohibited games

Gambling games fall into this last category. They depend solely on luck to win. They are prohibited by law. They do not receive any support from the state and are combated by the public authorities.

Today gambling games are:

  • Casino games;
  • Bingo;
  • Animal game.

There is a Bill (PL 442/91) that aims to create a Regulatory Framework for Games in Brazil that encompasses the modalities mentioned above.

In fact, the project was voted on and approved by the Chamber on February 24, 2022. It was then forwarded to the Senate and is awaiting consideration.

Poker is considered a sport

Finally, the greatest proof of poker’s legality is its recognition as a sport by the Ministry of Sports in 2012.

The main entity of the modality is the Brazilian Confederation of Texas Hold’em.

There are already debates in Congress about regulating this activity. This would further increase the resources and popularity of poker. Brazil is currently one of the most important countries in the sport. The Brazilian Poker Championship is the largest national championship in Latin America.

And foreign attention to the country increased after Ronaldo Fenômeno became the Poker Stars ambassador.

Betting operators like Bodog are already “looking forward” and investing in Brazil in search of strengthening their brand. With possible future regulation, the segment is only set to grow.

Online Poker: Tournaments and Cash Games

Ok: poker is legal in Brazil. So you can play online normally, right? More or less. It will depend on whether it is in Tournament or Cash Game mode and on the legal interpretation.

But let’s understand the difference between each one below.

1. Tournaments

Tournaments are competitions in which you pay a registration fee and receive an exact number of tokens, which you keep until the end of the competition. In this type of competition, there is always a winner at the end. It is more or less like any tournament in a “traditional” sport.

Here the chips are not worth money. The money, if you win, comes at the end, if you are the champion.

2. Cash game or free table

Cash Game or Free Table is very similar to Tournaments. The only difference is the registration.

The amount of tokens is proportional to what you paid to enter the competition.

This competition has no end or winner. There are several games in which you bet the chips you have. Each chip has a cash value . At the end of each game you can win or lose your chips and your money.

You can stay at the table as long as you want. You can also buy more chips if you lose all of them.

How to play poker online?

To play poker online, you need to access a betting site and register. Basically, the steps to register work the same way for those who prefer to place sports bets.

You need:

  1. Choosing a reliable betting site;
  2. Click on “Register”;
  3. Provide your personal data;
  4. Make the first deposit.

That’s it! You can now start playing!

To finish

Now you know: poker is not illegal in Brazil, but it is not regulated either. The Ministry of Sports considers it a mind sport, along with chess. It requires logical reasoning and a lot of emotional management.

Because it depends on the skill of the players, it is not a game of chance. Its legality, although controversial for some, makes perfect sense.

We can expect that in the near future, regulation will provide greater popularization of this niche.

Both online and in physical environments, poker has everything it needs to be one of the most practiced sports in Brazil.