Ministerio Publico Federal v. Agencia Nacional de Vigilancia Sanitaria (ANVISA)

The Public Prosecutor's Office filed an action against the Federal Government and the National Health Surveillance Agency (ANVISA), claiming that the law demanding that all tobacco product packages carry pictures warning about the harms caused by tobacco was unconstitutional and violated the constitutional right to humane treatment and dignity. The Public Prosecutor alleged that the pictures displayed were overly shocking and insulted smokers. The Federal Government and ANVISA refuted these arguments claiming the pictures had been scientifically proven to play an important role in decreasing the consumption of tobacco in the population. They also underscored that as a signatory of the Framework Convention on Tobacco Control, Brazil's measures used to regulate tobacco consumption were all legally based. The Court ruled in favor of the Federal Government and ANVISA, upholding the law as constitutional.


Ministerio Publico Federal v. Agencia Nacional de Vigilancia Sanitaria (ANVISA), No. 2008.72.05.002189-2, Tribunal Regional Federal da 4a Regiao [Regional Federal Court of the 4th Region] (2009).

  • Brazil
  • Apr 24, 2009
  • Regional Federal Court of the 4th Region (Tribunal Regional Federal da 4a Regiao)




Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product