How to Order a Background Check in Brazil
Updated: Feb 16
Below we will go over every detail you'll ever need to order a background check in brazil.
Conduct Search - LATAM (NEW)
Types of Background Check Services available in Brazil
Global Background Screening, LLC makes it extremely easy to order any, some or all services in seconds.
Order a Brazil background check now for employment. Simply select "Brazil" on each service you'd like to add to your background check report on our International Background Check checkout page.
There are 10 Services available for employment purposes in Brazil. They are listed in detail below:
Criminal Records in Brazil
A national criminal record search and Civil records searches are conducted through the Ministry of Justice, State Tribunal de Justica and Federal Tribunal de Justica. Information returned will include criminal record convictions going back 7 years that have not been spent or pardoned. Civil records will return summary of any litigation filings that have been found based off the candidate's residential address.
A CPF number (11 Digits) is required for the most accurate search and mandatory for certain Brazilian background check services.
What is the Brazilian CPF number? A CPF number is the Tax ID generated once an individual is registered with the Brazilian Revenue, according to Oliveira Lawyers. It stands for "Cadastro de Pessoas Físicas". All foreigners who have worked or even gone to school in Brazil should have a CPF number as well.
Latin America (LATAM) Conduct Search (NEW)
A search conducted at the local level and Regionwide by searching through 262 LATAM sources, including 41 Brazilian specific Anti-corruption, Attorney General, Secretary of public Security, Securities and Exchange Commission (Comissão de Valores Mobiliários).
In addition the Latin America Conduct Search includes 288 adverse media sources and 36 Brazilian-specific sources, including publicly available newspapers, magazines, and Internet research (such as Jornal O Globo, Jornal do Brasil, and many other local media) to develop risk related negative information on an individual.
We recommend not to substitute a Criminal Search with a conduct search, as the criminal search goes directly to the Ministry of Justice.
The costs is extremely affordable for only $25
Below you will see the additional coverage provided in Central and South America totaling over 550 screening sources. Additional data sources are continuing to be added.
Click image to expand Latin America Conduct Coverage Chart
Order a Credit Report
Search is conducted thru two major credit databases in Brazil for any negative information related to commercial pending debts, bank pending debts, protests, unfunded checks, judicial actions related to financial matters, bankruptcy participation, overdue debts, financial lawsuits. This service will NOT provide a full credit abstract, only a summary of any negative findings per law.
Brazil Credit Report Requirements for Employment
Mother's maiden name is required as it is part of the candidate's full legal name.
There are no restrictions for access, but an employer should define the relevant positions within to determine job relatedness and may be questioned later on after employment.
Notes: A protest is when a bill/contract is not paid and the owner registers the debt in a registry (cartório). From the moment the debt is registered (named as “protesto”) in the registry, the recovery becomes valid and legal commitment and judicial execution of the debt can be made with the debtor.
Directorship Search in Brazil
Determine if an individual is registered as a director of a company, which may be used to identify conflicts of interests.
Unique Requirements:
CPF Number (11 digits)
Mother's Full Maiden Name
In-Country Address
Motor Vehicle Report - Brazil
A search conducted through the State Transportation Agency (Departmento National de Transito) DETRAN to verify the driver's license. Results will not include a full driving abstract. Full abstracts must be obtained directly by the applicant.
Right To Work
A search conducted through the Ministry of Labor and Employment (Ministério do Trabalho e Previdência) to verify a candidate's right to work in Brazil. This search generally takes 3-4 Business Days.
Social Media Search for Red Flags in Brazil
A search of the top social media platforms in the world:
Facebook, Instagram, Twitter, Linkedin, Tiktok, and now Reddit
You can choose to go back 3 or 7 years and will provide insights that show only red flags, such as hate speech, drug related images, self harm, bullying, obscene language and more. Learn more about our social media background check and details on how our social media checker report looks like.
How are Criminal Charges Categorized in Brazil?
In Brazil, the criminal justice system has its own terminology to describe different types of criminal charges, which may be different from the terminology used in other countries.
Criminal charges are categorized into two main categories: crimes and misdemeanors. While the Brazilian legal system has some similarities to the U.S. legal system, there are some differences in the types of charges and their corresponding penalties.
Crimes are the more serious offenses and are generally punishable by imprisonment for more than two years.
Misdemeanors are lesser offenses that are generally punishable by fines or imprisonment for up to two years.
Here are some examples of common criminal charges in Brazil:
Crimes:
Homicide (homicídio)
Robbery (roubo)
Kidnapping (sequestro)
Drug trafficking (tráfico de drogas)
Corruption (corrupção)
Embezzlement (peculato)
Misdemeanors:
Petty theft (furto simples)
Vandalism (vandalismo)
Disorderly conduct (desordem pública)
Driving under the influence (dirigir embriagado)
Simple assault (lesão corporal leve)
It is worth noting that the Brazilian criminal justice system is complex and subject to frequent changes. The specific terminology and definitions of criminal charges may vary depending on the jurisdiction and the time period in question.
Data Security in Brazil
Currently, Brazil does not have a single statute establishing data protection framework. There are two bills of laws, namely, No. 330/2013 and No. 5.276/2016, under analysis before Congress that, when enacted, will specifically and broadly regulate such subject matter locally.
According to the developments of both future regulations, Bill of Law No. 5.2726/16 (“Bill of Law”), dated of May 13, 2016, is likely to be enacted in the near future, since the Presidency declared it with a status of urgency under the terms of Section 64 of Brazilian Federal Constitution, thus, Bill of Law No. 330/13 should be disregarded.
In the absence of specific law, Federal Law No. 12.965/2014 (“Brazilian Internet Act”), and its recently enacted regulating Decree No. 8.771/16 (“Decree”), dated of May 11, 2016, has brought some provisions on security and processing of personal data, as should be pointed out in the following.
For instance, the Brazilian Internet Act which establishes general principles, rights and obligations for the use of the Internet, has some relevant provisions concerning the storage, use, treatment, and disclosure of data collected on-line. Also, its regulating Decree has brought first legal definition of personal data on its Section 14.
Besides the above scenario, most aspects of data privacy are still regulated by general principles and provisions on data protection and privacy in the Federal Constitution, in the Brazilian Civil Code and in laws and regulations that address particular types of relationships (e.g. Consumer Protection Code[1] and labor laws), particular sectors (eg financial institutions, health industry, telecommunications etc), and particular professional activities (eg medicine and law). Additionally, there are laws on the treatment and safeguarding of documents and information handled by governmental entities and bodies that have privacy implications.
The Federal Constitution provides that:
the intimacy, private life, honour and image of persons are inviolable;
the confidentiality of correspondence and electronic communication is protected; and
everyone is ensured access to information, although the confidentiality of the source shall be safeguarded whenever necessary for the exercise of a professional activity.
Discussion of privacy and data protection legislation has increased recently and highly expected that Brazil shall enact its first data protection statute in the near future.
[1] Due to a broad interpretation established in case law, practically every internet user is considered a "consumer" for the purposes of the consumer protection.
Source: DLA PIPER, Last Updated: January, 25 2017
https://www.dlapiperdataprotection.com/index.html?t=law&c=BR
Brazilian Employee Privacy (Updated 2020)
Do employees have a right to obtain copies on any personal information that is held by their employer? Yes, employers can obtain copies of personal info held by their employer which includes employment history.
What about sending employer information outside Brazil? Federal Law n- 13709/2018, sets obligations and fines to individuals and legal entities that don't follow data privacy obligation. Employers cannot transfer employee data to another country if the employee does not expressly agree with it.
Global Background Screening, LLC provides and all required forms and documents for Brazil including the choice for "contacting" or "not contacting" employer for employment history.
