Brazilian Association of Bars and Restaurants, São Paulo Chapter (ABRASEL-SP) v. Executive Director of the São Paulo Consumer Protection and Defense Foundation (PROCON-SP)
Brazilian Association of Bars and Restaurants, São Paulo Chapter (ABRASEL-SP) v. Executive Director of the São Paulo Consumer Protection and Defense Foundation (PROCON-SP), et al., Civil Appeal No. 99010.227637-6, 7th Chamber of Public Law of the Court of Justice of São Paulo (2010).
- Brazil
- Sep 13, 2010
- Court of Justice of São Paulo, 7th Chamber of Public Law (7a Câmara de Direito Público do Tribunal de Justiça de São Paulo)
The Brazilian Association of Bars and Restaurants, São Paulo Chapter (ABRASEL-SP) sought to continue permitting clients to smoke in food establishments after the State of Sao Paulo passed a prohibition against the practice. Specifically, the plaintiff claimed that the law prohibiting smoking in restaurants was unconstitutional because São Paulo exceeded its powers when it legislated the matter. The defendants claimed that they rightfully legislated legal provisions complementary to the Constitution and the WHO Framework Convention on Tobacco Control (WHO FCTC), which Brazil has ratified. The defendants therefore claimed that the law passed in the State of São Paulo was constitutional and that the bars and restaurants had to provide a smoke-free environment. The plaintiff appealed the decision of the lower court, but the higher court affirmed the constitutionality of the State of São Paulo's law.