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Brazil recently became the largest "smoke-free" country in the world, according to the Pan American Health Organization, the regional arm of the World Health Organization. Previously, pursuant to Law No. 9.294 (in Portuguese) (July 15, 1996), smoking was permitted in public and private enclosed collective-use spaces if there was a designated, ventilated area exclusively for smoking. However,
Article 49 of Law 12.546 (in Portuguese) (Dec. 14, 2011) amends Law No. 9.294 to prohibit the use of cigarettes, cigars, pipes or any other smoking product in all public and private enclosed collective-use spaces. While such a ban already existed within some Brazilian states, e.g., Sao Paulo and Rio de Janeiro, the new law applies nationwide. Accordingly, employers should review their on-premises smoking policies for possible amendment in light of the revised national law.
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