Vera Luiza da Costa e Silva

Changes related to the interference of interested sectors and the role of the State in the economy and society are a phenomenon that has been happening worldwide in recent decades and has consequently generated discussions about the role of private organizations in public health issues (Serpa & Fourneau, 2007). A growing number of companies worldwide have been striving to incorporate corporate social responsibility (CSR) as an integral part of their business. Currently, there is no consensus on the definition of the term CSR. However, authors such as Harjoto & Jo (2011) and Cai and colleagues (2011) suggest that the definitions of CSR refer to the efforts of companies to serve the society and the environment beyond what is required of them.

The illicit trade in tobacco products represents a major global concern for public health, economy and public safety. More specifically, the illicit trade in tobacco products undermines tobacco control policy efforts, particularly in relation to tax policy. As they are not taxed or regulated, illicit tobacco products do not have health warnings or packaging or labeling requirements, which favors their consumption. As with other regions in the world, the illegal cigarette trade in Mercosur involves lower average prices compared to taxed cigarettes. Furthermore, the increase in the accessibility of cigarettes, via the informal market, combined with the lower prices of smuggled products - and therefore not subject to regulation - favors the consumption of cigarettes by young people and low-income populations 1,4.

O comércio ilícito de produtos derivados do tabaco é um problema que atravessa fronteiras do Norte ao Sul global. Sustentado por vários atores, desde pequenos vendedores até redes criminosas internacionais, o contrabando representa 10% do mercado mundial de cigarros.

A estimativa da Organização Pan-Americana da Saúde (Opas) nos dá a dimensão  dessa estrutura que se mantém há décadas e é uma grande vilã da luta contra o tabagismo. Para deter o alarmante crescimento do mercado ilegal, os países que integram a Convenção-Quadro para o Controle do Tabaco (CQCT/OMS) desenvolveram o Protocolo para Eliminar o Comércio Ilícito de Produtos de Tabaco, vinculado ao artigo 15 do tratado internacional.

By ratifying the World Health Organization's Framework Convention on Tobacco Control (FCTC/WHO) in 2005, Brazil committed to establishing mechanisms to comply with the treaty's measures, including article 5.3 which states that “the Parties shall act to protect these policies from the commercial interests and other interests of the tobacco industry, in accordance with national legislation”. To support compliance with this measure, Guidelines were defined for the implementation of article 5.3, whose first guiding principle states that “there is a fundamental and irreconcilable conflict between the interests of the tobacco industry and the interests of public health”. By March 2021, 182 countries Parties  had ratified the treaty, which covers more than 90% of the world's population.