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.
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
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