| Summary: | This article was presented in thesis format during the XXXVI National Conference of State Prosecutors held in Maceió/AL, between 16 and 19 November 2010. Treats, summarily, about the constitucional competencies division and the States and Federal District possibility to legislate (or not) about smoking in public places. Initially we present to the reader a legislation overview about the subject, as well as the Unconstitutionality Direct Actions implication proposed in face the states laws that treated it. In this aspect, the key problem refers to the not Union privative competence invasion, once that treats about competing competence, such that States and Federal District can legislate about it, adding yet, the state law possibility being more restrictive, having views that this theme is related to fundamental rights protection, as well as because the interest predominance principle.
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