Chaves v. Souza Cruz S/A

The plaintiff brought an action against Souza Cruz, a tobacco company, seeking damages for all the health problems allegedly resulting from his use of tobacco products. He alleged that he was induced into smoking cigarettes by the defendant's misleading advertisements. The lower court decided in favor of the tobacco company, finding that the plaintiff had exceeded the statutory time limit to bring the claim. The plaintiff appealed to the higher court, arguing that he had not been given the right to due process of law -- the right to produce evidence -- and that the statutory time limit did not apply. The higher court decided in favor of the tobacco company, stating that the plaintiff had been given the opportunity to produce evidence and that the statutory time limit did apply to the case.

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Nelson Chaves v. Souza Cruz S/A, CNJ:0102669-35.2003.8.26.0000, 3a Câmara de Direito Privado do Tribunal de Justiça dõ Estado de São Paulo [3rd Chamber of Private Law of the Court of Justice of the State of Sao Paulo] (2011).

  • Brazil
  • Jul 26, 2011
  • Court of Justice of the State of Sao Paulo, 3rd Chamber of Private Law (3a Câmara de Direito Privado do Tribunal de Justiça dõ Estado de São Paulo)

Parties

Plaintiff Nelson Chaves

Defendant Souza Cruz S/A

Legislation Cited

Consumer Protection Code

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None