Brenes Corrales v. Ministry of Health, et al.

The plaintiff challenged the constitutionality of Regulatory Law on Smoking (Ley Reguladora del Fumado), a statute regulating advertisement of tobacco products, for not imposing a total ban on the promotion and marketing of an activity that is dangerous to people's health. He requested the establishment of a public policy that would allow for the proper protection of the right to health, the right to life and the right to a clean environment. The Court dismissed the claim arguing that the regulatory measures found in the present law were reasonable and proportional and that a complete prohibition could not be implemented. 

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Brenes Corrales v. Ministry of Health, et al., Sentencia 08587, Expediente: 03-007202-0007-CO,Corte Suprema de Justicia [Supreme Court](2006).

  • Costa Rica
  • Aug 19, 2003
  • Supreme Court (Corte Suprema de Justicia)

Parties

Plaintiff Manuel A. Brenes Corrales

Defendant

  • British American Tobacco, S.A.
  • Ministry of Environment and Energy
  • Ministry of Health
  • Ministry of Transport and Public Works
  • Social Security Office of Costa Rica
  • Tabacalera Costarricence, S.A.

Cited Legislation

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None