Conspiração Filmes Entretenimento, et al. v. Ministerio Publico do Distrito Federal e Territorios
The Public Prosecutor’s Office (MP) filed a civil public action against a tobacco company, and two TV broadcasting companies over a tobacco advertisement that aired on television. The MP claimed that the companies aired abusive propaganda with subliminal messages to teens and children, as well as violated the law establishing the hours during which tobacco advertisements could be aired. The lower court ruled in favor of the MP. The companies appealed to the higher court to have the lower court’s decision overturned, asserting a violation of due process, denying subliminal messages to children, and claiming that tobacco commercials were aired outside the allowed periods only six times which the TV company had already been found accountable. The higher court upheld the lower court's decision and ordered the three companies to pay damages.