Pinto, et al. v. Souza Cruz S A

The plaintiff brought action against Souza Cruz, a tobacco company, seeking damages arising from misleading advertisement and information on tobacco products. Further, she argued that these advertisements led her husband to the consumption of tobacco which ultimately led to his death. The Public Prosecutors’ Office intervened in the case. The lower court dismissed the case based on absence of proof that tobacco consumption caused the diseases from which the plaintiff's husband died. The plaintiff then appealed to the higher court alleging that there was indeed a connection between tobacco use and the health conditions suffered by her husband and presented supporting evidence. The higher court ruled in favor of the plaintiff, ordering Souza Cruz to pay moral damages.


Tânia Regina dos Santos Pinto, et al. v. Souza Cruz S A, Nº 70007090798, 9a Câmara Çivel do Tribunal de Justiça do Estado do Rio Grande do Sul [9th Civil Chamber of the Court of Justice of Rio Grande do Sul] (2003).

  • Brazil
  • Nov 19, 2003
  • Court of Justice of Rio Grande do Sul, 9th Civil Chamber (9a Câmara Cível do Tribunal de Jusitça do Rio Grande do Sul)



  • Cristiano dos Santos Pinto
  • Ethienne dos Santos Pinto
  • Leonardo dos Santos Pinto
  • Tânia Regina dos Santos Pinto

Defendant Souza Cruz S A

Third Party

  • Public Prosecutor's Office (Ministério Público)

Legislation Cited

Consumer's Protection Code (Law n. 8078)

Federal Constitution of Brazil

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product