Ministério Público, et al. v. Souza Cruz SA

The plaintiffs brought a lawsuit against Souza Cruz, a tobacco company, seeking damages for the death of their father, who allegedly developed a habit of smoking because of heavy advertisement and lack of information on the contents and side effects of cigarettes. The lower court dismissed the case and the plaintiffs appealed to the higher court with the intervention of the Public Prosecutor's Office. The plaintiffs argued that they were not given due process of law to produce evidence before the court and claimed damages. The higher court found that the plaintiffs’ father had smoked out of free will and that he had sufficient information on the consequences of tobacco consumption.  The Court affirmed the lower court's decision and dismissed the appeal.

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Ministério Público, et al. v. Souza Cruz S/A, CNJ: 9112365-05.2004.8.26.0000, 4ª Câmara de Direito Privado do Tribunal de Justiça de São Paulo [4th Civil Chamber of Private Law of the Court of Justice of the State of Sao Paulo] (2011).

  • Brazil
  • Aug 4, 2011
  • Court of Justice of the State of Sao Paulo, 4th Civil Chamber of Private Law (4ª Câmara de Direito Privado do Tribunal de Justiça de São Paulo)

Parties

Plaintiff

  • Alzira Chagas Pedroso
  • Augusto Chagas Pedroso
  • Danilo Chagas
  • Ministério Público

Defendant Souza Cruz S A

Cited Legislation

Consumer Protection Code

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None