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. 


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)



  • 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]

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product