Not legal advice. This site is an editorial reference. Laws change — always confirm with a qualified attorney in the relevant jurisdiction before recording, and check each page’s last reviewed date.

Call Recording Laws in Brazil

Plain-English summary

The Supreme Federal Tribunal (STF) of Brazil has held in RE 583.937 that a recording made by a participant of their own conversation is lawful and may be used as evidence, provided there is no specific legal duty of confidentiality (e.g., attorney-client privilege). Commercial recording is regulated by the Lei Geral de Proteção de Dados (LGPD), enforced by ANPD.

Statutory framework

  • LGPD (Lei 13.709/2018). Brazilian general data-protection statute.
  • Constitution Article 5. Inviolability of communications.
  • Lei 9.296/1996. Telephone interception statute (court-authorized interception for criminal investigations).

Regulator guidance

ANPD has issued guidance on call recording and on the lawful bases available under LGPD.

LGPD specifics

LGPD has six lawful bases that mirror GDPR but include “regular exercise of rights in judicial, administrative or arbitral proceedings.” The maximum administrative fine is 2% of revenue in Brazil, capped at BRL 50 million per infringement.

Workplace and business calls

Workplace recording requires employee notice and a defined purpose under LGPD. CLT (Consolidação das Leis do Trabalho) imposes additional requirements on employee monitoring.

Cross-border and conflict-of-laws notes

LGPD applies extraterritorially to processing of personal data of individuals in Brazil.

Penalties and remedies

Administrative: LGPD fines up to BRL 50 million per infringement.

Criminal: Lei 9296/96 for unauthorized interception.

Practical guidance

  • Participant recording for personal use is lawful per STF.
  • Commercial recording requires LGPD compliance.
  • Workplace recording requires CLT-compliant notice.

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