Brenes Corrales v. Costa Rica, et al.

The plaintiff filed an appeal for legal protection, claiming that the production and sale of cigarettes cause serious damages to health and the environment.  The plaintiff demanded that the State, public agencies and private businesses prevent the sale of these products. The plaintiff additionally claimed that because he and his children suffered from asthma and he had experienced cardiorespiratory arrests allegedly related to health effects of tobacco smoke, his rights to life and equal protection were violated.  He argued that it is the State's obligation to ensure a clean environment. The Court dismissed his appeal arguing that smoking is a legal activity and found the current legislation to be proportional and reasonable. 

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Brenes Corrales v. Costa Rica, et al., Sentencia No. 014766, Expediente: 06-011928-0007-CO, Corte Suprema de Justicia [Supreme Court] (2006).

  • Costa Rica
  • Oct 6, 2006
  • Supreme Court (Corte Suprema de Justicia)

Parties

Plaintiff Manuel Antonio Brenes Corrales

Defendant

  • Costa Rican Social Security Office
  • Government of the Republic of Costa Rica
  • Ministry of Energy and Environment
  • Ministry of Health
  • Ministry of Transport and Public Works
  • Municipalities of Costa Rica

Cited Legislation

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None