Employment background checks are gaining in popularity in many parts of South America, including Brazil. There are many different laws that may impact an employer's background screening program including various pieces of legislation that afford privacy protections to individuals.
It's important to note that there currently is no comprehensive data privacy law in Brazil. However, there are many laws that have privacy components in them. In particular, the Brazilian Constitution outlines that the privacy, private life, honor and image of persons are inviolable. Further, the Constitution guarantees habeas data which guarantees an individual the right to access and correct information held in public records. The Constitution also prohibits discrimination in the hiring process and/or during the employment relationship based on gender, color, marital status, origin, family status or age. Consent should be collected from the data subject prior to submitting a background check request.Finally August 14, 2018, Brazil approved the General Data Protection Law (LGPD). The law will come into effect after its 18th adaptation period, in early 2020.
LGPD brings a series of legal instruments that allow for the international transfer of personal data based on the specific and express consent of the data subject, which must be prior and separated from the other purposes and requisitions of consent.
Since 2010, Brazil has actively considered a personal data protection law. The most recent version of the Draft Bill for the Protection of Personal Data was published in October 2015.
Requirements: Name, date of birth, CPF # (tax ID), mother's maiden name, address, release form
The nationwide criminal search is the most comprehensive search in Brazil, including both federal and state level search of 26 state criminal repositories for all convictions for which a pardon has not been received. There is no time limit on how far back records can be found; however, after 5 years an individual may be eligible to receive a pardon depending on the particular crime. When a pardon is granted criminal history details are no longer available. Generally the criminal search in Brazil will only return more serious crimes. In order to conduct this search, additional information from an individual is needed including the Cadastro de Pessoas Fisicas (CPF - tax ID), a form of identification and mother’s maiden name.
Currently no legislation exists that prohibits criminal records checks; however, some past case law has pointed to a determination that such a check may violate an individual’s right to privacy and/or be discriminatory. Prior to requesting a criminal check, employers should analyze why it is necessary and ensure there is a rational relationship between the position being filled and a potential criminal history.
Brazil Civil Records Search - Nationwide level
Requirements: Name, date of birth, CPF # , state to be searched
This search is performed at the statewide level based on the subject’s address information. Report may include case type, file date, case number, name of court where case was filed, plaintiff, defendant and disposition if a case can be located.
Brazil Bankruptcy Records Search
Requirements: Name, date of birth, city
The bankruptcy search is conducted at the local level through the court in the local jurisdiction requested. Report may include file date, case number, name of court where case was filed and case status if a bankruptcy case can be located.
Education Degree Verification in Brazil
Requirements: Name, date of birth, school name, degree, major, dates of attendance, city of school, release form
It is common to verify only the highest degree obtained by a candidate. Educational institutions will be contacted to verify dates of attendance, graduation date and degree information.
Employment Verification in Brazil
Requirements: Name, date of birth, employer name and contact information, dates of employment, position held and release form
Past employment verification is recommended for all employees. It is approximated that 40% of all resumes and employment applications contain falsified information. Our standard Employment Verification reports the employer's name, applicant's title, dates of employment, whether they are eligible for rehire, and we ask for additional comments.
Reference Check in Brazil
Requirements: Applicant name and date of birth, reference's relationship, contact name and contact information (including phone number and email address)
This search is conducted via telephone (or at times e-mail) with the individual’s personal or professional references using a standard list of questions.
Motor Vehicle Records
Requirements: Name/DOB/Full Address/Mother's Maiden Name/Copy of Driver's License (front and back)/General Release Form
The motor vehicle records search will confirm if the individual possesses a driver’s license. Details of the driving record may be provided if available.
A search to determine if a candidate had fiduciary or board of directors responsibilities for a company.
Employment Screening Package
Requirements: Name, date of birth, address, CPF # , school name, degree obtained, dates of attendance, city of school, employer name and contact information, dates of employment, position and release form
The employment screening package includes one nationwide criminal search, education verification of highest degree obtained and one employment verification.
Criminal and Civil Search Package
Requirements: Name (including former name), dob, address, CPF number, release
The Criminal and Civil Search Package offers discounted pricing of our most popular searches. This bundle includes one criminal records search and one civil records search, based on the jurisdiction of the address provided.
Civil and Bankruptcy Search Package
Requirements: Name (including former name), dob, address, release
The Civil and Bankruptcy Search Package offers discounted pricing of our most popular due diligence searches. This bundle includes one civil records search and one bankruptcy records search, based on the jurisdiction of the address provided.
Brazilian Privacy laws & Regulations
There is no comprehensive data privacy law in Brazil however; there are many laws that have privacy components in them. The constitution in Brazil guarantees habeas data rights. It is permissible to conduct background checks in Brazil, but only if you have the individuals consent to do so. The subject should only be denied employment if the results of the background check prove that the subject 's ability to work would be substantially impaired. It is very important to be aware of this as companies that deny employment based on the results of background checks for other reasons could have a liability for discrimination.
The CPF number (Cadastro de Pessoas Fisicas) is an 11 digit tax identification number unique to each individual. Both citizens and non-citizens are issued CPF numbers. They are required in order to do any financial business in Brazil such as pay bills, obtain a cell phone or open a bank account. This number is required when conducting most background checks in Brazil, since only one number is issued to each person.
Individuals in Brazil can also hold a National ID number. This number differs from the CPF number as it is issued at the state level. This means that a National ID number could potentially be issued for a person in each state of the country. It is a possibility that if the individual commits a crime in one state they could obtain another National ID number in another state and provide the new one for background checks moving forward. Info Cubic does not use the National ID when conducting background checks in Brazil.