TOBACCO CONTROL LAWS

Dias, et al. v. Souza Cruz

Plaintiffs sought damages for the death of a spouse/father, alleging that the victim was influenced by the defendant tobacco company's advertisements, which associated smoking to luxury and a good and healthy life. The defendant argued that the case should be dismissed because the plaintiffs had not filed the lawsuit in a timely way following the spouse/father's death. The Court found that the Brazilian Civil Code's provision at issue did not apply, and therefore, the Court upheld the lower court's decision in favor of the plaintiffs. The Court also required Souza Cruz to compensate the plaintiffs based on the principles of proportionality and reasonableness. 

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Maria de Fátima Almeida Dias, et al. v. Souza Cruz, CNJ: 7999179-72.2005.8.13.0024, 14ª CÂMARA CÍVEL do Tribunal de Justiça do Estado de Minas Gerais [14th Civil Chamber of the Court of Justice of Minas Gerais] (2009).

  • Brazil
  • Sep 3, 2009
  • Court of Justice of Minas Gerais, 14th Civil Chamber (14ª CÂMARA CÍVEL do Tribunal de Justiça do Estado de Minas Gerais)

Parties

Plaintiff

  • Maria de Fátima Almeida dias
  • Others

Defendant Souza Cruz

Legislation Cited

Brazilian Civil Code [Código Civil]

Consumer's Defense Code, Law No. 8.078/90 [Código de Defesa do Consumidor, Lei n° 8.078/90]

Related Documents

Original Decision in Portuguese

Type of Litigation

Personal Injury
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.

Tobacco Control Topics

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Right to Life
A violation of the right to not be killed by another person. Arguments may also be similar or tied to right to health arguments.
Consumer Protection Violation

Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.

Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.

Type of Tobacco Product

None

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