A proibição do cigarro convencional em analogia ao cigarro eletrônico no Brasil.

Abstract

Cigarettes are one of the most harmful substances to humans, and their consumption is a constant concern for authorities, whether for economic or public health reasons. The State, which holds the power to organize and regulate society, has classified cigarettes as: Conventional and Electronic. The Brazilian State, through the National Health Surveillance Agency (ANVISA), linked to the Ministry of Health, issued Collegiate Board Resolution - RDC No. 855, of April 23, 2024, which prohibited electronic smoking devices. This work aims to demonstrate parameters that justify the prohibition of conventional cigarettes in analogy to electronic cigarettes in Brazil. The objective of the research is to identify factors that justify the prohibition of conventional cigarettes in analogy to electronic cigarettes in Brazil. The methodology adopted was based on the analysis of books, scientific articles, laws, and resolutions. The approach was qualitative, supported by the legal dialectical method, with systematic bibliographic and documentary review. Data collection was carried out using databases containing the books: "Cigarette: The Complete Poison," a chemical analysis of cigarette poisons, and "Nicotine: Universal Drug," as well as articles. In this context, traditional cigarettes and electronic cigarettes share similar compositions and effects on the human body, thus possessing the same legal basis for the prohibition of conventional cigarettes.