TOBACCO CONTROL LAWS

Confederacao Nacional do Comercio de Bens, Servicos e Turismo v. Rio de Janeiro

The National Confederation of Commerce of Goods, Services, and Tourism filed a lawsuit against Rio de Janeiro's tobacco control law on smoke-free environments, which banned smoking in public or private collective environments. The Court unanimously held that the state legislative assembly did not exceed its competence to legislate public health. The Court noted that local regulations could be more restrictive than the federal regulation. Further, the judges established that (i) freedom of commerce must be interpreted together with the principle of consumer protection and (ii) restrictions on products that are potentially dangerous are legitimate.

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Confederacao Nacional do Comercio de Bens, Servicos e Turismo v. Estado do Rio De Janeiro, Ação Direta de Inconstitucionalidade 4.306, Supremo Tribunal Federal [Federal Supreme Court] (2019).

  • Brazil
  • Dec 20, 2019
  • Supremo Tribunal Federal (Federal Supreme Court)

Parties

Plaintiff Confederacao Nacional do Comercio de Bens, Servicos e Turismo (CNC)

Defendant

  • Assembleia Legislativa do Estado do Rio de Janeiro (Legislative Assembly of the State of Rio de Janeiro)
  • Governador do Estado do Rio de Janeiro (Governor of the State of Rio de Janeiro)

Legislation Cited

Law No. 9.294 (as amended)

Decree No. 2.018 on Regulations of Law No. 9.294

Constitution of Brazil

Law No. 5.517/2001 (state law)

Related Documents

Decision in Portuguese

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Right to a Healthy and Safe Environment
A violation of the right to live in a safe and healthy environment.
Ultra Vires Regulation
Subsequent regulations exceed the scope of the originating law.

Type of Tobacco Product

None

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