Limitations regarding the use of quotes
The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
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.