Last updated: September 17, 2019
Are sub-national jurisdictions permitted to have smoke-free laws?
If yes, are they allowed to be more stringent than national law?
If yes, do one or more sub-national jurisdictions have smoke-free laws more stringent than national law?
A brief comment on the extent of sub-national legislation:
Several states and cities have issued their own smoke-free laws. States which have released their own smoke free laws in accordance with the FCTC include: Amazonas (population: 4.2 million inhabitants), Paraíba (4 million inhabitants), Paraná (11.5 million inhabitants), Rio de Janeiro (17.4 million inhabitants), Rondonia (1.8 million inhabitants), Roraima (630,000 inhabitants), and São Paulo (46.3 million million inhabitants). All mentioned laws do not have exceptions for smoking areas in indoor places.
The smoke-free laws of the states of São Paulo, Paraná, and Rio de Janeiro were the subject of constitutional challenges. In each case, the court upheld the state law.