Clipping of news on Brazilian Culture, Law and Citizenship
 


Public service

Action against anti-smoking law is filed by the Supreme Court

This article was translated by an automatic translation system, and was therefore not reviewed by people.




By: Luana Cristina de Lima Magalhães


SAO PAULO - ADI No. 4239 (Direct Unconstitutionality) by the National Abrasel (Brazilian Association of Bars and Restaurants) against the Anti-Smoking Law in force by the state of Sao Paulo, was filed by the Minister of STF (Supreme Court) Ellen Gracie.

The minister took this decision due to the fact that the Abrasel is not a legitimate entity for the Supreme Court, since the association does not meet the nationwide, members of a professional or economic activity, so it does not comply with the Federal Constitution.

"The Abrasel is composed of heterogeneous membership, they develop different economic activities, conditions that prevent its characterization as a representative of a class well-defined and distinct from all others," said Ellen.

About action
The Abrasel filed suit to claim that the government of Sao Paulo was finally complete with the rights of smokers, to protect the health of nonsmokers. According to the organization, by enacting this law, the São Paulo government reversed the federal and municipal legislation on the subject.

The Federal Law 9294/1996 and 13805/2008 Municipal Law require that the bars, restaurants and the like need to ensure a space in their respective establishments, reserved for non-smokers. It said the smokefree law promotes real persecution of smokers by prohibiting the existence of the designated facilities.

"The ability of states to legislate on matters concurrently enrolled in Article 24 of the Constitution is limited to the setting or adjustment to the standard federal to their regional and local peculiarities, not fitting them to innovate with respect to the extinction of the rights established and guaranteed by federal law, "said Abrasel.

In addition, the organization also questioned the violation of the principle of freedom of individual smokers and the fact that only those establishments will be fined if the law is not fulfilled.

"By state law, if a client or third decide to establish smoking bar or restaurant, even if hidden or disguised, the owner will be fined, nothing happening with the smoker, which is not fair nor lawful nor reasonable," said entity.


Source: InfoMoney

This article was translated by an automatic translation system, and was therefore not reviewed by people.

Important:
The JurisWay site does not interfere in the work provided by doctrine, why only reflect the opinions, ideas and concepts of their authors.


  Subjects list
 
  Copyright (c) 2006-2009. JurisWay - All rights reserved.