A Intervenção do Estado no Controle do Tabagismo e a Proteção do Consumidor Brasileiro

Abstract

The presented paper proposes to examine the legal controversy generated by Law 12.546/2011. Intending to promote 100% tobacco-free environments, the Law eliminated the spaces designated for smoking along in the entire national territory. Due to that scenario, there is one side of the tenet defending the unconstitutionality of the Law, since the banishment of the smoking areas limits the rights of the tobacco consumer’s freedom, and on the other hand of the tenet, the possibility of mitigating the freedom of the smokers before the collective health enhancement is sustained. Nevertheless it’s necessary to question whether the tobacco consumer actually owns plenty of freedom on the power of choice or not. Based on this premise and from it on, there is the global of analyzing the constitutionality of the Law 12.546/2011. In objection to the supposed restriction that was built up in the tobacco consumer’s lives. Supported by bibliography studies regarding to the Brazilian scientific and legal doctrine, it was apprehended that modifications introduced through the Law, related to the tobacco advertising field aren’t effective to assume plenty of freedom to the consumer at the very moment of the tobacco made products purchase, because the packages are considered as the main way of communication, and that’s the reason why the standard of the packages is proposed. Thus, it concluded about the existence of involuntary cigarettes consumer, so that all the factors mentioned potentialize the vulnerability of the smoker as a consumer the vulnerability of the smoker as a consumer, where a differential treatment becomes necessary to be established, and then it can compensated somehow the deficit of freedom and the determination of while at the moment of purchasing a tobacco based product.