Recruit
Brazil is a country where employers need to be genuinely careful about criminal record checks. The labour courts have taken a firm position that routine screening of every candidate is discriminatory, and getting this wrong can result in an award of moral damages.
The position on criminal records
Requiring a certidao de antecedentes criminais as standard for all applicants is not accepted practice. The courts have held that it is only legitimate where the nature of the role, a specific legal requirement, or the activity itself justifies it. Recognised examples include roles handling cash or valuables, private security, domestic work, childcare, driving, and positions with access to confidential data. Where a check is not justified, asking for one at all can give rise to a claim, even if the candidate is ultimately hired.
What employers can check
Identity through the CPF, employment history, and academic qualifications are all routine and uncontroversial. The digital work record gives a reliable view of formal employment history. Professional roles often require registration with the relevant regulatory council, which is straightforward to verify.
Data protection
The LGPD governs processing, supervised by the national data protection authority. Criminal record data is treated as sensitive, which raises the bar further. Employers need a lawful basis, transparency about purpose, minimisation, and a defined retention period, and consent is a weak basis in the employment relationship because of the imbalance between the parties.
Checks to avoid
Pregnancy testing and enquiries into family plans are prohibited. Health screening is limited to the mandatory occupational examination, which assesses fitness for the specific role and is carried out by an occupational physician.
Practical guidance
Decide role by role whether a criminal record check is justified and write down the reason. An employer of record can manage this if you are hiring without a Brazilian entity.
