Brazil

Souza Cruz, a tobacco company, brought action against the National Health Surveillance Agency (ANVISA) for shutting down smoking points in the International Airport of Rio de Janeiro-Galeão. ANVISA had the authority to shut down "smoking points" that were not in compliance with tobacco control laws. Souza Cruz argued that there was no illegality in the designated smoking areas and that the areas were in full compliance with the law. Souza Cruz was granted temporary legal protection and allowed to reopen these areas until the lower court issued its final decision. The lower court ruled in favor of ANVISA and the smoking areas were again shut down. Souza Cruz filed an appeal with the appeals court, claiming that it had fully complied with the law and that the tests performed proved that no smoke escaped from the smoking areas. ANVISA argued that the tests were to be performed by authorized federal personal, in accordance with tobacco control law. The Public Prosecutor's Office intervened in favor of ANVISA. The appeals court ruled in favor of Souza Cruz, who was allowed to re-open the smoking areas. ANVISA filed a special appeal to the Superior Court of Justice. Finding that Souza Cruz was in violation of the law, the Court ruled in favor of ANVISA, annulling the decision of the decision of the higher court.