Tobacco control: an analysis on paternalism and liberty

Abstract

This paper aims at verifying if the measures adopted in Brazil for tobacco control are paternalistic and if they, in any way, restrict individual liberties. Firstly, some of the theories on paternalism and their relation to liberty will be analyzed, focusing on the Libertarian Paternalism doctrine. Then, measures for tobacco control adopted in other countries and in Brazil will be discussed. Finally, each measure adopted in Brazil will be thoroughly analyzed, in order to verify if it restricts liberty and if there are less restrictive measures available. The conclusion is that the measures adopted in Brazil, even though they are predominantly paternalistic, do not necessarily restrict individual liberties.