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Brazil is a South American country with significant natural resources and economic growth potential. Although the country struggles with widespread fixed broadband internet connectivity, particularly outside of major cities, the tech industry still dominates in the region and provides jobs for millions of people living there.
The thriving digital economy in Brazil is encouraging global employers interested in diversifying their workforce to hire employees located in the country. Plus, employers can now relocate existing employees to countries like Brazil seamlessly.
Running global background checks can become complicated for foreign employers, so background checks are done on our platform only when you partner with Skuad as your EOR partner.
The laws define who you can run a background check on and what you can check for vary by country. Continue reading to learn everything you need to know when performing a background check in Brazil.
What you need to know when performing a background check in Brazil
Running international employment screenings requires extra care from employers. Any information you request must be shared and obtained legally, with the permission of the employee.
Below are the unique considerations you will need to be aware of when running a background check on employees living in Brazil.
Employment history
You're legally entitled to run a background check in Brazil to verify a candidate's employment history; this background check typically involves reporting on the individual's employment history for the previous seven years. It is a good way of ensuring candidates have the qualifications to perform the job you're hiring them for.
Educational background
It is legal to conduct a background check to verify a candidate's educational background in Brazil. In fact, depending on the type of role the employee is being hired to perform, it may be necessary to verify they have a relevant educational and professional background (e.g., medical professionals, engineers, etc.)
Medical screening
Conducting medical screenings before hiring a candidate should be done carefully, if at all. Although employers are not precluded from conducting a medical screening with the employee's written consent, you may open yourself up to potential discrimination lawsuits.
It's illegal in Brazil to discriminate based on specific medical conditions, such as pregnancy or the presence of some diseases. So you may be accused of discrimination if you don't hire candidates who are found to be in a protected class.
Criminal history
Running a criminal history check can alert you to potential red flags when hiring employees for specific roles. However, employers should be aware that including a criminal background check may be considered discrimination if it's not relevant to the role the employee is being hired for.
For example, if you're hiring a banker, it's reasonable for an employer to ensure the individual doesn't have a history of theft or fraudulent activity. However, employees applying for non-financial roles in Brazil, such as software developers or designers, are protected by anti-discrimination laws.
To avoid a discrimination lawsuit, you should be cautious when running these checks.
Credit history
Although you can legally request a credit history on prospective candidates in Brazil, it's typically recommended that you only run a credit check on candidates who are applying for positions where financial literacy is required (e.g., accounting, investing, banking, etc.).
When you run a credit history, you must have the prospective employee's full name and their mother's maiden name to be granted access.
Brazilian law dictates that employees may not be granted access to an employee's financial history but can be alerted to any adverse financial reporting.
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Talk to an expertRequirements for background check in Brazil
The exact requirements for conducting a background check may change based on the type of pre-employment screening you're conducting (e.g., medical screening, employment verification, criminal history, etc.).
However, you may be required to provide some or all of the following information and documents:
- General information on the candidate, including their name, home address, date of birth, contact information, and more
- General information on the candidate's employment history, including the name of the educational institutions where they studied, the dates they attended school, the degree they received, and more
- A signed release form from the employee
- The employee's individual taxpayer registration (CPF) number
- A copy of the employee's passport
- A copy of the employee's driver's license
Steps in conducting background checks in Brazil
Although the exact steps you will take to conduct a background check in Brazil will depend on various factors, such as the type of job the prospective employee will be doing, the employee's educational background, and more, you can follow the steps outlined below to start the process:
- Determine which pre-employment check(s) you plan to run (e.g., employment history, educational history, etc.). Be sure to consider local regulations when deciding which checks you will run.
- Obtain the necessary authorization. You will need signed release forms from prospective employees that grant you access to their private information.
- Conduct your background check. Be sure you maintain complete transparency with candidates about the information you're requesting, and always prioritize compliance when running your search.
Benefits of background checks
Conducting background checks is an essential part of hiring internationally. Consider some of the following benefits of running a free background check in Brazil:
- Running background checks can help ensure you attract quality candidates. By running an employment history check in Brazil, you can ensure prospective candidates are being truthful about their relevant job experience.
- You can be alerted to relevant criminal histories that may preclude a candidate from being considered for a role (beware of anti-discrimination laws).
- You can avoid hiring individuals with a history of workplace misconduct, discrimination, or harassment.
- Conducting pre-employment screenings ensures you remain compliant with local regulations when hiring individuals for roles with specific educational requirements, licenses, or certifications.
- You can reduce your turnover rate by ensuring you hire the candidates from your applicant pool with the most relevant background and skills.
Are employee background checks legal in Brazil?
So long as you have the permission of your prospective employee, running an employment background check in Brazil is legal.
However, there are certain restrictions on the types of information you're legally allowed to obtain when conducting employee background checks in Brazil. Furthermore, you may open yourself up to potential anti-discrimination lawsuits if you conduct certain background checks there.
Planning to hire in Brazil? Here's how Skuad can help
Background checks are done only when you partner with Skuad EOR and it’s a smart move for employers who want to hire in Brazil.
Skuad provides comprehensive solutions to ensure that the entire hiring and onboarding process is done in compliance with local laws and regulations.
This way, you can focus on running your business without worrying about the complexities of background checks, payroll, benefits management, etc.
FAQs
How to get a background check in Brazil?
If you plan to conduct a background check on employees in Brazil, it's best to partner with a third party, like Skuad, who has localized expertise to ensure compliance. This process involves transferring sensitive information, which is why conducting background checks compliantly is essential.
What can be asked in a background check?
Different countries have unique laws about what can be asked in a background check. For example, in Brazil, you cannot ask about a candidate's criminal history except in specific circumstances.
It's recommended you seek expert guidance when running a background check in Brazil to avoid one of the most common pitfalls of international employment: noncompliance.
Do all countries do background checks?
Not all countries do background checks, and the laws regarding whether you can conduct background checks and what information you can include in pre-employment screenings vary by country.
How do they check employment background checks?
To avoid legal complications, you should use a third-party company with knowledge of the local laws to conduct any background checks in Brazil. This will ensure compliance and adds a sense of security for prospective employees who may be asked to sign authorization and disclosure agreements.
How do I get a criminal record check from Brazil?
You must be highly cautious when conducting a criminal record check on Brazilian employees, as most criminal record checks are prohibited. Consider seeking legal guidance before conducting pre-employment criminal screenings on prospective employees to ensure you don't break any discrimination laws.
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