The easy guide to employee background checks in Brazil

Hiring employees in Brazil? One of the first things you want to do is a background check to help verify your potential new hire's background and credentials—and help avoid the risk of bringing on an employee who could be a liability or threat to your company.

But for global companies hiring employees in Brazil, it can be intimidating to dive into international background checks. What kind of background checks are allowed under Brazilian rules and laws? How do you need to handle and store potential employees’ sensitive information? Are background checks even legal?

This is your guide to running comprehensive and legally compliant employment background checks in Brazil. Read on for all you need to know.

Table of Contents

• Are you legally required to run background checks on Brazilian employees?

• Is it legal to run background checks on Brazilian contractors?

• What types of background checks do businesses commonly run on Brazilian employees and contractors?

• What types of background checks are illegal in Brazil?

• When should you conduct Brazilian employee background checks?

• The easiest way to run a background check on a Brazilian employee or contractor

• Background check mistakes to avoid in Brazil

• Frequently asked questions about background checks in Brazil

Are you legally required to run background checks on Brazilian employees?

Background checks aren't mandatory in Brazil, but many employers still choose to conduct them to verify their potential new hires' identity, work history, and education.

It's important to note that you need to get your employees' consent before running a background check in Brazil—and that many types of background checks that are commonly run in other countries can be dicey in Brazil because of anti-discrimination laws (more on that below).

Is it legal to run background checks on Brazilian contractors?

It's legal to run background checks on contractors in Brazil, but the same rules apply to full-time employees: You need to get their consent, and collecting certain types of information could run afoul of anti-discrimination laws.

Here’s each type of check in more detail:

• Employment history. This is the most common type of background check and is customary for employers to perform. After obtaining the potential new hire's consent, the employer can reach out to past places of employment to verify work history, including start and end dates. The information collected should be confirmed with the potential new hire during the interview.

• Educational background. Employers may ask for transcripts, certificates, and other proof of a candidate's educational background—especially for roles that require specific training or education.

• Reference check. Employers can ask candidates for references (or candidates can include them on their resumes), and reach out to them during the hiring process.

• Medical screening. If a candidate is requesting accommodations at work due to a disability or medical condition, an employer can request a medical screening or information from the candidate's doctor. However, this should be done carefully—Brazilian labor laws prohibit discrimination based on medical conditions, and employers could face legal action if they choose not to hire someone who belongs to a protected medical class (a pregnant person, for example).

• Criminal history. The general rule in Brazil is that running a criminal background check is discriminatory and should not be done—however, it's allowed for certain roles: domestic employees; caregivers of minors, the elderly or the disabled; road transport drivers; employees who work in the agricultural sector handling of sharp work tools; bankers; employees who work with toxic, narcotic substances and weapons; and employees with access to confidential information.

• Credit history. A credit check is not a typical background check in Brazil, but it's allowed if the candidate's position will require financial literacy.

• Civil records. A civil records check is not standard in Brazil but is offered by some background check providers.

What types of background checks are illegal in Brazil?

• Questions about gender, race, place of origin, marital status, color, age, or family status. Any employment conditions based on these would be considered discriminatory under Brazilian law.

• You can run a background check into someone’s criminal record for certain roles, but you’re legally prohibited from discriminating against candidates based on a minor offense or criminal investigation.

• Unless a new hire is asking for accommodations based on a disability, it’s ill-advised to request a background check of their medical records. That’s because it’s illegal in Brazil to refuse someone a job based on their medical history.

When should you conduct Brazilian employee background checks?

In Brazil, background checks are typically done while a candidate is going through the recruitment or hiring process, before an employment offer has been made. No background check can be performed without the candidate's consent. Information collected on the candidate's employment history should be confirmed with them during the interview process.

The easiest way to run a background check on a Brazilian employee or contractor

Several different companies can run background checks on employees in Brazil, including Rippling, TritonBrazil, HireRight, and BackCheck. The easiest by far is Rippling because background checks are directly integrated into the onboarding flow.

Just enter basic hiring info like salary and start date, and Rippling will send the offer letter and new hire paperwork—and automatically run a legally compliant background check and e-verify the results. See Rippling today.

Run background checks automatically in just 90 seconds—for every new hire.

See Rippling

Background check mistakes to avoid in Brazil

• Assuming background checks in Brazil are the same as in the US. The background check process is very different in Brazil compared to somewhere like the US. Brazil limits the types of background checks that can be performed, while the US has a standardized set of data most employers collect, regardless of whether it's necessary for the industry or role.

• Performing unnecessary background checks. It's vital for employers to note Brazil's labor laws and only perform background checks that are necessary and allowed. While a criminal background check is standard in many places (including the US), it's viewed as discriminatory in Brazil and only allowed for certain types of employment.

• Not getting employee consent. Brazil's labor laws also require employers to obtain consent from applicants before beginning the background check process. Companies must also provide candidates with a copy of all personal information they've collected upon request.

• Skipping the background check. Because of all the different rules and requirements, doing background checks on global hires can seem overwhelming—and it may be tempting to skip it altogether. But background checks are an important part of employee onboarding, and help protect you and your company.

Rippling makes it easy to run background checks in Brazil.

Frequently asked questions about background checks in Brazil

Ready to hit the ground running with every new hire? See Rippling today.