O JOGO DO BICHO EM JOÃO PESSOA: o estreito limite entre a tradição e o crime

Abstract

The objective of this study was to analyze the obsolescence of Decree-Law No. 3,688/1941, which classifies the “jogo do bicho” (animal game) as a criminal offense, in light of social and cultural transformations in Brazil, especially in João Pessoa. A bibliographic research was conducted, consulting legal doctrines, academic studies, and historical newspapers to understand the evolution of the game and its relationship with the current legislation. To complement the collected information, a field study was also carried out with “cambistas” (street bookmakers) who rely on “jogo do bicho” as a source of income. The main question addressed was: given the ease of access to “jogo do bicho” in João Pessoa, is its classification as a criminal offense obsolete? In response to this issue, possible pathways for updating the legislation were explored, considering alternatives such as state regulation of the game, the implementation of monitoring and taxation policies, and the creation of mechanisms to mitigate potential negative impacts of legalization. The research revealed that society, especially in Paraíba, does not perceive the game as illegal, highlighting the failure of Decree-Law No. 3,688. In this context, criminalization does not prevent the practice, which remains culturally and economically integrated into society. It was concluded that the punitive approach is outdated, requiring a legislative reassessment for the regulation or decriminalization of the game in order to promote greater social justice and align the legislation with the reality of the population.