Confederação Nacional do Turismo v. São Paulo

The National Confederation of Tourism filed a lawsuit against a São Paulo (state-level) tobacco control law regulating smoke-free places. The judge considered that the action was impaired because, after the claim was filed, a federal law was enacted which regulated smoke-free places in a more comprehensive manner. The newly enacted federal law banned smoking lounges, which the challenged state law had already done.

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Confederação Nacional do Turismo v. Estado De São Paulo, Ação Direta de Inconstitucionalidade 4.249, Supremo Tribunal Federal [Federal Supreme Court] (2019).

  • Brazil
  • Dec 3, 2019
  • Supremo Tribunal Federal (Federal Supreme Court)

Parties

Plaintiff Confederação Nacional do Turismo - CNTUR

Defendant

  • Assembleia Legislativa do Estado de São Paulo (Legislative Assembly of the State of São Paulo)
  • Governador do Estado de São Paulo (Governor of the State of São Paulo)

Legislation Cited

Law No. 9.294 (as amended)

Law No. 12.546 of December 14, 2011

Constitution of Brazil

Law No. 13.541 (state law)

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None