The civil liability of smoking companies

Abstract

The article aims to analyze the possibility of civilly holding tobacco companies liable for the damage caused to the health of consumers, considering that the cigarette, being a product highly harmful to human health, violates the right to health provided for in the list of social rights of the Federal Constitution. Thus, research on the right to health will be carried out, verifying the protection of smoking, dealing with social rights and fundamental rights, in addition to addressing the smoking history. The civil liability institute provided for in the Civil Code and the Consumer Protection Code will also be analyzed. The work also aims to determine whether it is possible or not to hold tobacco companies civilly responsible for the damage caused to the health of the smoker, presenting the defense theses used by the tobacco companies to avoid the duty to repair. Mostly the decisions that move the Judiciary by smoking consumers, who seek to repair a damage caused by smoking, are unfounded. However, there are Courts that have been supporting the consumer. In the present work, the decision handed down by the Court of Justice of Rio Grande do Sul - Civil Appeal nº 70059502898, issued on 12/18/2018, which sentenced a tobacco industry to the payment of indemnity, will be used. Therefore, it is essential to analyze the theme, seeking a condition of dignity to the smoker, and the chance of reparation for the violation of the fundamental right to health is recognized.

Keywords: Health. Smoking. Civil responsibility.