Originally Posted by fmorgen
This is to asnwer to Cafe Noir questions and general thoughts about the logistics of poker in Brazil.
It is a grey area about the legality of poker in Brazil. Poker is allowed in private clubs, where there can be no rake. This is legal. However, every single club charges a 5% uncapped rake, which would be illegal. But everyone plays, there is no problem with that
Hey phil, nice thread!
Just want to point out that the info about the legal situation is incorrect
Poker is not illegal in Brazil. Rake has nothing to do with it.
There isn't a single instance of the word "poker" in brazilian law.
However, there's a mention to gambling, and exploring gambling is illegal (i guess thats why you mentioned rake). This law is from the fifties, when Casinos were banned in brazil.
So, the whole thing comes down to whether poker is gambling or a skill game. We all know the answer, but most feds dont. However, there are tons of reports and studies made by brazilian reputable experts, from all kind of areas (even the federal police) "proving" or cofirming that poker is a skll game,And those have been used by most clubs and tournaments to allow the operation to run 100% legally.
This is the reason there's LAPT in brazil, sponsored by the government (yes, sports minister of sao paulo made the opening speech in the last edition) . BSOP, the local series, run every month and it's also huge. Both charge rake and are legal.
There's still soke pre-conception about the activity, though. Some uneducated or uninformed people might think you're a criminal outlaw, and playing poker for a living will at the same tme make you look like a gangster to some people, while lookng interesting and glamorous to others (just like in most countries)
There have been clubs raided in the past, by uninformed policemen, but they withdrew it as soon as they saw thebstudies and legal allowance. Also, there hasnt been one for some time now.
Regarding online Poker, there's nothing. Brazlian law is still outdated in regards to online stuff, so when legislation about it comes, regulation will come along (and it's not gonna happen soon)
Cliffs: Poker is not illegal in brazil but also not regulated. Gambling (sports beting, casino) is 100% illegal, but reputable studies have been able to legally separate poker from that kind of gambling.