Yes, one-party consent recording is legal in Brazil under specific conditions outlined in the Brazilian Civil Code and the Brazilian Constitution. The Supreme Federal Court (STF) has consistently upheld this interpretation, provided recordings are made for legitimate purposes and do not violate privacy rights. However, compliance with the General Data Protection Law (LGPD) is mandatory, particularly when recordings involve personal data processing.
Key Regulations for One-Party Consent Recording in Brazil
- Civil Code (Art. 21): Requires that recordings do not infringe upon the privacy of the unconsenting party, with unauthorized disclosure constituting a civil offense.
- LGPD (Law No. 13.709/2018): Mandates that recordings containing personal data must comply with principles of purpose limitation, data minimization, and explicit consent when shared or processed.
- STF Precedents (e.g., ADI 1.909): Clarifies that recordings are admissible as evidence if obtained without the other party’s knowledge but not if used to violate fundamental rights, such as privacy or intimacy.
Critical Compliance Notes:
- 2026 LGPD Amendments: Proposed reforms may introduce stricter penalties for non-compliance, including fines up to 2% of a company’s revenue.
- Judicial Scrutiny: Courts increasingly assess the proportionality of recordings, particularly in employment or contractual disputes.
- Sector-Specific Rules: Telecommunications (Anatel) and financial sectors impose additional confidentiality obligations under their respective regulations.