No, vaping in a car with minors in Brazil is prohibited under federal health laws, with enforcement by ANVISA and local authorities. Violations may result in fines or criminal liability under the 2026 amendments to the Tobacco Control Act, aligning Brazil with WHO FCTC guidelines.
Key Regulations for Vaping in a Car with Kids in Brazil
- ANVISA Resolution 46/2009 bans the use of electronic smoking devices in enclosed public spaces, including vehicles when minors are present, classifying it as a health violation.
- Federal Law 12.546/2011 (Article 49) imposes strict penalties on exposing children to secondhand aerosol from vaping, with fines up to R$ 50,000 for repeat offenders.
- State-level decrees (e.g., São Paulo’s 62.534/2017) reinforce federal rules by mandating signage in vehicles prohibiting vaping near minors, with local health departments empowered to inspect violations.
Recent jurisprudence from the Superior Court of Justice (STJ) in 2025 has expanded liability to vehicle owners, holding them accountable for failing to prevent vaping in family cars. Public prosecutors may pursue civil actions under the Child and Adolescent Statute (ECA) for endangering minors’ health. Compliance officers should document internal policies restricting vaping in company vehicles transporting minors to mitigate corporate liability.