Public Health
08.05.2014

Law banning smoking in enclosed still not regulated

According to the Ministry of Health, the text is still in production and there is no estimate of when it will be ready

Foto: Jose Cruz/ABr
Smokehouse, reserved area for smokers, in the Federal District
Smokehouse, reserved area for smokers, in the Federal District

Although sanctioned on December 15, 2011 by President Dilma Rousseff, a law that prohibits smoking in public places had closed private or public and smokehouses (areas reserved for smokers) has not yet been regulated. The rules state, for example, penalties for breaking the law. According to the Ministry of Health, the text is still in production and there is no estimate of when it will be ready.

Currently, state laws in seven states prevent smoking in enclosed places, following the national standard, while in 19 states and the Federal District is not the same - even though federal law is imposed at state or municipal.

The states of Rondônia, São Paulo, Rio de Janeiro, Amazonas, Roraima, Paraiba and Parana have smokefree state law that prohibits smoking in enclosed places, such as bars, restaurants and nightclubs. The smokehouses are allowed in Alagoas, Bahia, Ceara, Espirito Santo, Goias, Maranhao, Mato Grosso, Mato Grosso do Sul, Minas Gerais, Pernambuco, Para, Rio Grande do Sul, Santa Catarina, Sergipe, Tocantins and the Federal District. The Acre, Piauí and Rio Grande do Norte have bills to create smoke-free environments since 2009.

<b> São Paulo and Rio </ b>

In São Paulo, the Health Department made 726,000 inspections and fines since 1885 applied the rule of law, in 2009, around the state. Most fines occurred because people were caught smoking inside establishments and the remainder no sign indicating the law. The inspections of health monitoring are daily and uninterrupted.

Altogether, three establishments were temporarily banned in the state of São Paulo for having breached the law three times. The fine amounts to £ 922, for the first offense. In case of recidivism, the value doubles. In the third act, the property is prohibited by 48 hours. And the fourth time, is closed for 30 days.

In Rio de Janeiro, 46,642 shares were held in bars, restaurants, nightclubs and other establishments. From November 2009 until earlier this month, were issued 187 notices of violation for noncompliance with the law.

In Law No. 12,546, enacted in December last year, is also expected gradual increase in taxes on tobacco products.

Source: AGÊNCIA BRASIL