Supreme Court rejects lawsuit against smokefree law in Sao Paulo
This article was translated by an automatic translation system, and was therefore not reviewed by people.
The Supreme Court rejected late on Tuesday (12) the action of the Brazilian Association of Bars and Restaurants against the smokefree law in Sao Paulo.
The direct action of unconstitutionality arrived on Tuesday STF. The Association of Bars and Restaurants argued that the smokefree law sanctioned by the governor of São Paulo, José Serra, violates the Constitution.
By prohibiting smoking in any indoor atropelaria state law to federal law, which allows the existence of smokehouses. Furthermore, the bars said that the surveillance violates the right to privacy and who should be punished is the smoker, not the owner of the establishment.
"It seems incredible, but state law tramples several constitutional principles," says the legal director of Abrasel (Brazilian Association of Restaurants and Entertainment Companies), Percival Maricato.
The Sao Paulo government countered the arguments. He said he is supported in a treaty of the World Health Organization, ratified by the Brazilian Congress. And that the health of non-smokers is a priority.
"These organizations forget that Brazil has signed an international treaty is in force and that is more recent, in which the country undertakes to take measures against contamination of tobacco indoors. Therefore, the law has any basis for its validity, "says the attorney general of São Paulo, Luiz Antônio Marrey.
On Tuesday night, the minister Ellen Gracie, rapporteur of the case, denied the request of the Brazilian Association of Bars and Restaurants, and filed a motion of unconstitutionality. If there is a dispute, the law prohibiting smoking in collective environments of Sao Paulo enter into force on August 6. Until the controversy continues.
A restaurant in town already anticipated the law and banned smoking even in open area. For the owner, Maria Rita Marracino, the restriction of cigarette will not bring harm.
"This is a global trend, this restriction on cigarette everybody knows that is harmful to health. So it was a matter of time. That's it," he said.
Source: G1
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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