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Term --FCTC-Based Definition Brazil
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Defined
Yes
Analysis

This definition does not align with the FCTC Art. 8 Guidelines. It is more limiting and less protective than the FCTC Art. 8 Guidelines definition because it applies only to permanent, and not temporary, work spaces that are simultaneously used by a number of people. A definition of “workplace” should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Defined
Yes
Analysis

Forms of public transport such as aircraft, buses, and collective transportation vehicles are defined in several pieces of legislation. To ensure comprehensive coverage and interpretation of the law, a definition of “public transport” or similar terms should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “second hand smoke” or “tobacco smoke”, this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of “second hand smoke” or similar terms should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Not Defined
No
Analysis

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “smoking” or “smoke”, this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of “smoking” or “smoke” should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Defined
Yes
Analysis

The definition of “enclosed common area” in the amended decree aligns with the definition of “public place” provided in the FCTC Art. 8 Guidelines. However, the Guidelines address “public place” and “enclosed” as separate concepts and terms, which is clearer than the amended definition. For more clarity, the terms “public place” and “enclosed” should be defined separately as in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Defined
Yes
Analysis

The definition of “smoking product” aligns with and is broader than the FCTC definition in that it does not require tobacco leaf as a component, making the APS ban applicable to such products as e-cigarettes (assuming the nicotine in the e-cigarettes on the market is extracted from tobacco).

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Defined
Yes
Analysis

The definition of “shared enclosed space” contained in Law No. 12.546 is much broader than the definition of “indoor” or “enclosed” as provided in the FCTC Art. 8 Guidelines. However, the definition in the law may be too vague, particularly because it does not describe an enclosed space in terms of walls, sides, or a roof.

However, the definition of “enclosed common area” in Decree No. 8.262 addresses this shortcoming by establishing that such a space is enclosed by a wall/roof/other covering on any of its sides.

Taken together, these definitions align with definition of “indoor” or “enclosed” contained in FCTC Art. 8 Guidelines para. 19.

Not Applicable
Not Applicable
Brazil
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in any public or private shared enclosed space, subject to a few limited exceptions. A “shared enclosed space” is considered to be “any space accessible to the public, intended for simultaneous use by several people.” Because the vast majority of workplaces can also be considered a “shared enclosed space,” the law is interpreted to prohibit smoking in most shared indoor workplaces. However, enclosed workplaces with only one worker (e.g., residences with a domestic or child care worker), for example, may not be covered under the law.

Decree No. 8.262 amends those places that are permitted to have designated smoking rooms (subject to technical requirements). These places include: establishments specifically set aside for sampling of tobacco products (i.e., tobacco tasting rooms); places of religious worship when part of a ritual; studios for the recording of audiovisual productions, when necessary to the production; places intended for tobacco research; and healthcare institutions where patients are authorized to smoke by their physician. These are workplaces for some people and, therefore, the regulatory status “Smoking is Restricted” is given rather than “100% Smoke Free” for all indoor workplaces.

For clarity and to fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or subsequent regulations should specifically prohibit smoking in all parts of all enclosed workplaces. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention's entry into force for that Party.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in any public or private shared enclosed space, subject to a few limited exceptions. A “shared enclosed space” is considered to be “any space accessible to the public, intended for simultaneous use by several people.” Indoor public places are specifically covered. Therefore, smoking is prohibited in nearly all indoor public places.

Decree No. 8.262 amends those places that are permitted to have designated smoking rooms (subject to technical requirements). These places include: establishments specifically set aside for sampling of tobacco products (i.e., tobacco tasting rooms); places of religious worship when part of a ritual; studios for the recording of audiovisual productions, when necessary to the production; places intended for tobacco research; and healthcare institutions where patients are authorized to smoke by their physician. Because some of these may be considered public places, the regulatory status “Smoking is Restricted” is given rather than “100% Smoke Free” for all indoor public places.

For clarity and to fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or subsequent regulations should specifically prohibit smoking in all parts of all enclosed public places.

Not Applicable
Not Applicable
All public transport
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in aircraft and vehicles of public transportation. Although the term "public transport" is not defined, the law is interpreted as prohibiting smoking in all means of public transport.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport. For greater clarity, the law should define "public transport" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Government facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in any public or private shared enclosed space, with a few exceptions. A “shared enclosed space” is considered to be “any space accessible to the public, intended for simultaneous use by several people.” Public places are specifically covered under the smoking ban and, therefore, the law is interpreted as covering government facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.

Not Applicable
Not Applicable
Hospitals
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in any public or private shared enclosed space, with a few exceptions. A “shared enclosed space” is considered to be “any space accessible to the public, intended for simultaneous use by several people.” Hospitals and clinics are specifically covered under the smoking ban.

However, Decree No. 8.262 provides that attending physicians can authorize patients to smoke in healthcare institutions. As a result of this exception, the regulatory status "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all hospitals without exception.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in any public or private shared enclosed space, with a few exceptions. A “shared enclosed space” is considered to be “any space accessible to the public, intended for simultaneous use by several people.” Public places are specifically covered under the smoking ban. This is interpreted as covering public areas of residential healthcare facilities.

However, Decree No. 8.262 provides that attending physicians can authorize patients to smoke in healthcare institutions. As a result of this exception, the regulatory status "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all public areas of residential healthcare facilities without exception.

Not Applicable
Not Applicable
Non-residential healthcare facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in any public or private shared enclosed space, with a few exceptions. A “shared enclosed space” is considered to be “any space accessible to the public, intended for simultaneous use by several people.” Public places are specifically covered under the smoking ban. This is interpreted as covering non-residential healthcare facilities.

However, Decree No. 8.262 provides that attending physicians can authorize patients to smoke in healthcare institutions. As a result of this exception, the regulatory status "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all non-residential healthcare facilities without exception.

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in any public or private shared enclosed space, with a few exceptions. A “shared enclosed space” is considered to be “any space accessible to the public, intended for simultaneous use by several people.” Public places are specifically covered under the smoking ban. This is interpreted as covering preschool and childcare facilities. Moreover, classrooms are also specifically mentioned as covered by the ban.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to preschool and childcare facilities.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in any public or private shared enclosed space, with a few exceptions. A “shared enclosed space” is considered to be “any space accessible to the public, intended for simultaneous use by several people.” Classrooms are specifically covered by the ban, as are public places.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in any public or private shared enclosed space, with a few exceptions. A “shared enclosed space” is considered to be “any space accessible to the public, intended for simultaneous use by several people.” Classrooms and libraries are specifically covered by the ban, as are public places.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.

Not Applicable
Not Applicable
Shops
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in any public or private shared enclosed space, with a few exceptions. A “shared enclosed space” is considered to be “any space accessible to the public, intended for simultaneous use by several people.” Public places are specifically covered under the smoking ban. This is interpreted as covering shops. Therefore, smoking is prohibited in shops.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops.

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in any public or private shared enclosed space, with a few exceptions. A “shared enclosed space” is considered to be “any space accessible to the public, intended for simultaneous use by several people.” Public places are specifically covered, as are theaters and cinemas. This is interpreted as covering cultural facilities. Therefore, smoking is prohibited in all cultural facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in any public or private shared enclosed space, with a few exceptions. A “shared enclosed space” is considered to be “any space accessible to the public, intended for simultaneous use by several people.” Public places are specifically covered. This is interpreted as covering indoor stadiums and arenas. Therefore, smoking is prohibited in indoor stadiums and arenas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in any public or private shared enclosed space, with a few exceptions. A “shared enclosed space” is considered to be “any space accessible to the public, intended for simultaneous use by several people.” Public places are specifically covered. This is interpreted as covering restaurants. Therefore, smoking is prohibited in restaurants.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in any public or private shared enclosed space, with a few exceptions. A “shared enclosed space” is considered to be “any space accessible to the public, intended for simultaneous use by several people.” Public places are specifically covered. This is interpreted as covering bars, pubs, and nightclubs. Therefore, smoking is prohibited in bars, pubs, and nightclubs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.

Not Applicable
Not Applicable
Casinos
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in any public or private shared enclosed space, with a few exceptions. A “shared enclosed space” is considered to be “any space accessible to the public, intended for simultaneous use by several people.” Public places are specifically covered. This is interpreted as covering casinos. Therefore, smoking is prohibited in casinos.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.

Not Applicable
Not Applicable
Hotels/lodging - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in any public or private shared enclosed space, with a few exceptions. A “shared enclosed space” is considered to be “any space accessible to the public, intended for simultaneous use by several people.” Public places are specifically covered. This is interpreted as covering public areas of hotels/lodging. Therefore, smoking is prohibited in public areas of hotels/lodging.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels/lodging.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

The law prohibits smoking in any public or private shared enclosed space, with a few exceptions. A “shared enclosed space” is considered to be “any space accessible to the public, intended for simultaneous use by several people.” Public places are specifically covered. The law, however, makes no specific mention of hotel rooms. Accordingly, the regulatory status of guest rooms in hotels is “Uncertain.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including guest rooms in hotels and other lodging, to be 100% smoke free.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in any public or private shared enclosed space, with a few exceptions. A “shared enclosed space” is considered to be “any space accessible to the public, intended for simultaneous use by several people.” Public places are specifically covered. This is interpreted as covering public areas of prisons and detention facilities. Therefore, smoking is prohibited in public areas of prisons and detention facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons and detention facilities.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in aircraft and vehicles of public transportation. Although the term "public transport" is not defined, the law is interpreted as prohibiting smoking in all means of public transport.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other shared ground transportation. For greater clarity, the law should define "public transport" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

Smoking is prohibited in vehicles of public transportation. The law uses the term “veí­culos de transporte coletivo,” which could be translated as either vehicles of public transportation or vehicles for collective transportation. Decree No. 2.018 prohibits smoking in vehicles for collective transportation “as defined in the appropriate legislation.” However, the Brazilian Traffic Code does not have such a classification or definition. Where taxis are interpreted as being vehicles for collective transportation, it is prohibited to smoke in taxis. Because of local laws or even voluntary customs, it is common for people not to smoke in taxis in Brazil.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should clearly prohibit smoking on all means of shared ground transportation, including taxis. For greater clarity, the law should define "public transport" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Under the law, smoking is prohibited in aircraft and vehicles of public transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft. For greater clarity, the law should define "public transport" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Commercial watercraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in aircraft and vehicles of public transportation. Although the term "public transport" is not defined, the law is interpreted as prohibiting smoking in all means of public transport, including commercial watercraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft. For greater clarity, the law should define "public transport" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in any public or private shared enclosed space, with a few exceptions. A “shared enclosed space” is considered to be “any space accessible to the public, intended for simultaneous use by several people.” Public places are specifically covered. This is interpreted as covering public transport facilities. Therefore, smoking is prohibited in public transport facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.

Not Applicable
Not Applicable
Brazil
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
No
No
Not Applicable
Not Applicable
Brazil
Post signs
No
No
Analysis

There is no duty imposed upon business owners, employers, or supervisors to post signs indicating that smoking is prohibited on the premises, where applicable.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to post clear signs at entrances and other appropriate locations indicating that smoking is not permitted.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

There is no duty imposed upon business owners, employers, or supervisors to remove ashtrays from the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
No
No
Analysis

Under the primary tobacco control laws, there is no duty imposed upon owners, employers, or supervisors to take steps to require a person to refrain from smoking. A decree provides that the failure to comply with smoking restrictions will subject a smoker to a warning and, in the event of a repeat offense, removal from the premises by the person in charge.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, a duty to take reasonable steps to discourage individuals from smoking on the premises should be imposed upon the person in charge.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

Decree No. 2.018 provides that the failure to comply with smoking restrictions will subject a smoker to a warning and, in the event of a repeat offense, removal from the premises by the person in charge. However, the law should be clear about the application of penalties to smokers.

Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
Brazil
Are sub-national jurisdictions permitted to have smoke-free laws?
Yes
Yes
Not Applicable
Not Applicable