LANGUAGE
Last updated: October 16th 2018

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

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.
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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.

All indoor public places

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.
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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.

All public transport

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Government facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Hospitals

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.
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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.

Residential healthcare facilities - public areas

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.
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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.

Non-residential healthcare facilities

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.
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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.

Childcare facilities/preschools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Primary and secondary schools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Universities/vocational facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Shops

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Cultural facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Indoor stadium/arenas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Restaurants

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Bars/pubs/nightclubs

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Casinos

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Hotels/lodging - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Hotels/lodgings - guest rooms

Uncertain
The smoke free status of the place is uncertain due to the lack of clarity in the law or inability to obtain all relevant laws.
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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.

Prisons/detention facilities - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Trains, buses and other shared ground transportation other than taxis

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Taxis (for-hire vehicle)

Uncertain
The smoke free status of the place is uncertain due to the lack of clarity in the law or inability to obtain all relevant laws.
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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.

Commercial aircraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Commercial watercraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Public transport facilities (waiting areas for mass transit)

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Private offices

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.” Because the vast majority of private offices can also be considered a workplace and a “shared enclosed space,” the law is interpreted to prohibit smoking in shared indoor private offices.

While the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, for clarity, the law or subsequent regulations should specifically prohibit smoking in all parts of all enclosed workplaces.

Places of religious worship

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.
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Analysis

The law permits smoking in designated smoking rooms in places of religious worship in whose rituals the use of smoking products, whether or not they are tobacco derivatives, has a role. It is unclear whether places of religious worship are subject to the ventilation and other requirements contained in Interministerial Edict No. 2.647 of December 4, 2014.

Establishments specifically intended for the commercialization or sampling of smoking products

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.
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Analysis

In establishments specifically intended for the commercialization or sampling of smoking products, the law permits smoking in designated smoking rooms, subject to ventilation and other requirements.

Studios and shooting locations for the recording of audiovisual productions, when necessary to the production of the work

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.
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Analysis

The law permits smoking in designated smoking rooms, subject to ventilation and other requirements, in studios and shooting locations for the recording of audiovisual productions, when necessary to the production of the work.

Places intended for research and the development of smoking products

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.
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Analysis

The law permits smoking in designated smoking rooms, subject to ventilation and other requirements, in places intended for research and the development of smoking products, whether or not they are derivatives of tobacco.