Brazil: recordings may be used as evidence in labor disputes

Brazilian labor courts will now have to consider audio or video recordings, pictures, phone calls and emails as legal evidence presented by the parties of a conflict, for instance in case of harassment, unfair dismissal or industrial accidents. However, these have to be obtained legally, therefore illegal wiretapping is excluded. This doesn’t mean that the consent of the person concerned is required, or that they should be aware that they were recorded. Indeed, the Federal Supreme Court specified that a conversation recorded by one interlocutor without the other(s) knowing would be taken into account. For instance, a worker can record a conversation with his boss on his cell phone if he is involved in the conversation. However, he cannot place microphones in his boss’ office, which is considered as totally illegal.
Enjoy this article for free while you’re in your trial period
You have access to our content for 1 month.

r instance, a worker can record a conversation with his boss on his cell phone if he is involved in the conversation. However, he cannot place microphones in his boss’ office, which is considered as totally illegal.

Electronic evidence. Emails and instant messaging may also be used as evidence by people involved in these messages, as sender or as receiver. For instance, the time when an email was sent can be used to prove that someone was working overtime, and the content of instant messages can

Do you have information to share with us?
What you absolutely must read this week
The essential content of the week selected by the editorial team.
See all
Seven major companies offer training to raise awareness of domestic and sexual violence
L’Oréal, Engie, LVMH, Publicis, Accor and Orange are encouraging their staff to take part in the Safe Spaces training programme on domestic and sexual violence, developed by insurance...
10 November 2025
Romania: collective agreement extended to entire insurance sector
On 3 November, Romania’s National Tripartite Council for Social Dialogue approved the extension of the collective labour agreement signed on 23 May by the Confederation of Employers in the...
United Kingdom largely retained within scope of EWCs despite Brexit, study shows
A study published this month by the Institute for Economic and Social Research, the French trade union research organisation, examined how the involvement of British representatives in European...
Spain: government approves creation of ‘intern status’
The Spanish government has paved the way for the creation of a new status for "persons undergoing non-professional practical training in companies, institutions or public or private organisations...
Most viewed articles of the month on mind HR
What readers clicked on the most last month.
What readers clicked on the most last month.
1
Germany: pensioners in work already common practice, study shows
As the German government steps up measures to encourage people to stay in work beyond the legal retirement age, a new study by the Institute of Economic and Social Research (WSI) – an independent...
2
Spain: government approves creation of ‘intern status’
The Spanish government has paved the way for the creation of a new status for "persons undergoing non-professional practical training in companies, institutions or public or private organisations...
3
France: social conference on labour and pensions to proceed without main employers’ group
The preparatory meeting ahead of the social conference on labour and pensions, which is set to decide on the pension system model and the funding thereof, was held on 4 November at France's labour...
4
Luxembourg: two pension reform bills submitted to parliament
After lengthy negotiations with the social partners, in mid-October the Luxembourg government submitted two bills to parliament aimed at reforming the pension system to ensure its long-term...
5
Candice Guillot (Talan): “Our recruiters save just over 80 hours per year on administrative tasks thanks to AI”
Candice Guillot, group director of employee experience and HR performance at Talan (7,000 employees), outlines for mind RH her vision and strategy for introducing artificial intelligence at the...