A responsabilidade civil dos fornecedores de tabaco: o direito à indenização concernente ao custeio da farmacoterapia para a quitação da viciosidade da nicotina e tratamentos médicos

Abstract

The act of smoking is a consumer's choice when seeing the product supplied in the consumer market, however, the nicotine contained in tobacco imprisons the consumer's free will, who in a way, becomes a involuntary smoker. In view of this, the present work aims, using the scientific-deductive method, to establish logical relations about the possibility of civil liability of the supplier in view of the consumer's right to compensation, claiming the medical treatment and due drug, so that he can exercise his freedom enjoy. Thus, although the current understanding of the Courts is that the supplier cannot be held civilly responsible, it is important to emphasize that, unlike the Executive and Legislative Power, the Judiciary remains inert about who is responsible for the damages resulting from the use of the Tobacco, therefore, this paper aims to encourages the debate to consider the consumer as a vulnerable part of the relationship, recognizing the risk theory of the enterprise, as a way of attributing civil liability to tobacco suppliers for the consequences to the person's health.