There is no specific provision in Brazilian Labor Laws either prohibiting or authorizing the employer to perform background checks on its prospective employees. However, protection of personal information pertaining to any Brazilian citizen is granted in a broad scope by the Federal Constitution, which grants protection and inviolability of any citizens’ intimacy and personal life. The Federal Constitution also prohibits any kind of discrimination. Currently, Brazilian Labor Courts understand that some type of search a company performs regarding its prospective employees information characterizes discrimination, thus being illegal, and entitling the individuals to an indemnification for moral damages. Therefore, in order to evaluate the candidate’s background for taking the hiring decision, the company should only use public information about the individual.
With regards to the employment application and interview questions, Law 9.029/1995 prohibits any kind of discriminatory practice which may limit the access or the maintenance of employment due to sex, origin, race, color, marital status, family situation, disability, professional rehabilitation, age, among others. Therefore, the employer must not adopt any discriminatory measure or ask any discriminatory question on an employment application or during an interview. Under Law 9.029/1995, with respect to women, the requirement of statements, examinations or similar measures related to sterilization or state of pregnancy are considered discriminatory. Such Law also prohibits inducing or instigating birth control.