Yes, Brazil permits two-party consent recording under strict constitutional and civil code protections. The Federal Constitution (Article 5, item XII) safeguards privacy, while the Civil Code (Article 21) and the Brazilian Internet Act (Marco Civil da Internet, Law No. 12.965/2014) impose limits on interception. Courts, including the Superior Court of Justice (STJ), interpret these provisions to require prior consent from all parties involved in recordings, whether audio or audiovisual. Violations may trigger civil liability (Article 186 of the Civil Code) and criminal penalties under the Penal Code (Article 151), including fines and imprisonment. The National Telecommunications Agency (Anatel) enforces compliance for telecommunication-based recordings, while the Brazilian Data Protection Authority (ANPD) monitors digital recordings under LGPD (Law No. 13.709/2018).
Key Regulations for Two-Party Consent Recording in Brazil
- Constitutional Mandate: Article 5, XII of the Federal Constitution prohibits interception of communications without judicial authorization, extending to recordings where parties have a reasonable expectation of privacy.
- Civil Liability Framework: Article 21 of the Civil Code and Article 186 of the Civil Code establish that unauthorized recordings constitute an invasion of privacy, enabling damages claims.
- Telecom and Digital Oversight: Anatel regulates recordings via telecom networks, while the ANPD enforces LGPD compliance for digital recordings, requiring explicit consent under Articles 7 and 11 for processing personal data.
Recent jurisprudence from the STJ (e.g., REsp 1.886.147/SP, 2023) reinforces that consent must be informed and contemporaneous, with exceptions only for law enforcement under judicial warrant. Non-compliance risks not only civil suits but also criminal prosecution under Article 151 of the Penal Code, which criminalizes unauthorized interception. Entities must document consent mechanisms, including opt-in clauses in contracts or recordings, to mitigate exposure.