Yes, hidden cameras are legal in Brazil under strict privacy and consent conditions. The Brazilian Constitution and Civil Code protect individual privacy, requiring explicit consent from all recorded parties. Surveillance must not violate others’ rights, and improper use risks criminal charges under Article 153 of the Penal Code.
Key Regulations for Hidden Cameras in Your Home in Brazil
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Consent Requirement: Recording conversations or images of individuals without their knowledge is illegal unless in your own private space where no expectation of privacy exists (e.g., your bedroom if you live alone). The Superior Court of Justice (STJ) has ruled that even in shared residences, hidden cameras violate privacy unless all occupants agree.
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Data Protection Compliance: The General Data Protection Law (LGPD), enforced by the National Data Protection Authority (ANPD), mandates that any recorded data must be processed lawfully, with strict limits on storage duration and purpose. Non-compliance may result in fines up to 2% of a company’s revenue or R$50 million for individuals.
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Criminal Liability: Under Article 153 of the Penal Code, unauthorized recording or dissemination of private images carries penalties of up to two years imprisonment. The 2026 LGPD amendments further criminalize the misuse of surveillance footage, including deepfake alterations, with enhanced penalties for public dissemination.
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Workplace & Tenant Restrictions: Hidden cameras in rental properties or shared housing require landlord or co-tenant consent. The Consumer Defense Code (CDC) prohibits landlords from installing surveillance in common areas without prior notice, as established in recent STJ precedents (2024).