Home > Uncategorized > Brazil – Snapshot of Good Practice Guidance in Employee Screening

Brazil – Snapshot of Good Practice Guidance in Employee Screening


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Brazilian law places non-statutory limitations on an employer’s ability to seek background checks for employment purposes, including criminal record checks, consumer credit checks, or driving record checks. Denial of employment based on information solely contained in a background check, however, is warranted only if that information suggests a candidate’s working capacity, safety, or reliability would be materially impaired. A 2004 ruling by the 2nd Regional Labor Court determined that no worker may be fired solely based on the fact that they have an open file in a Credit Protection Service. Otherwise, an employer could face liability for discrimination. A candidate must expressly consent to undergo a background check. For example, an offer letter stating that employment is contingent upon the successful completion of a background check, signed by an applicant, and could indicate their consent. An applicant who refuses to consent to a medical examination however may lawfully be denied employment. The individual right of intimacy guaranteed by the Brazilian Constitution obligates employers to safeguard the confidentiality of all records relating to background checks.

Governing Legislation

  • Federal Constitution of 1988
  • Brazilian Consolidated Labor Laws (CLT), enacted in 1943
  • Federal Law No. 8.078, Article 43, September 11, 1990 (Consumer Protection Law)
  • Law 12.846, Anti-Corruption Law

For more information about Good Practice Guidance in designing a country background screening policy that complies with local legal and cultural norms for Brazil please feel free to contact Aletheia Consulting Group and ask about our Country Essential Guides.

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