Brazilian employment law
In Brazil, Labour Law is protective of employees. Some basic principles implicitly or expressly provided by Law will govern any employment relationship in Brazil.
The most relevant principles are: (a) prevalence of facts: in the determination of labour consequences, the relevant facts surrounding an employment relationship will prevail over formal documents; (b) prohibition of detrimental changes: employers are prevented from making changes to employment terms and conditions that are detrimental to employees, whether or not the employee has previously consented with the change; and (c) joint liability (group of companies): companies belonging to a group of legal entities under the same control, direction or management are jointly liable for the obligations of any company belonging to such group with respect to employment relationships.
- The most common practice is hiring workers as employees.
- Employment agreements in Brazil are usually for indefinite term; fixed term employment agreements are only allowed in specific situations.
- All companies and employees are mandatorily represented by Unions.
- Employments are at will, meaning that any party may terminate the employment agreement without cause upon mandatory prior notice and payment of the severance.
- Work permits must be requested whenever a foreigner wants to work in Brazil.
Find out how other countries' Employment Laws compare to those of Brazil
People of TozziniFreire, Brazil
- Member of AMCHAM (American Chamber of Commerce) of Campinas-SP.
- Member of the Brazilian Bar Association (SP, RJ, DF, RS, MG, MS, PR and SC sections).
- Postgraduate degree in Labor Substantive and Procedural Law from PUC-Campinas (Pontifícia Universidade Católica de Campinas), 2002.
- Postgraduate degree in Civil Procedural Law from PUC-Campinas (Pontifícia Universidade Católica de Campinas), 2001.
- Graduate of the Law School of PUC-Campinas (Pontifícia Universidade Católica de Campinas), 1999.
Leonardo Augusto Padilha Bertanha
Partner in the Labor practice group at TozziniFreire’s Campinas office since 2012, Leonardo has been working in the business area for more than 23 years. He has broad experience in collective bargaining negotiations, internal investigations, legal audits and due diligence. He assists clients from many different sectors in lawsuits and administrative proceedings, including those related to strikes, development and execution of contingency plans and profit share programs, as well as strategies for collective dismissals, encouraged resignation and outsourcing services. Leonardo also has significant expertise in the assistance to clients in administrative and inspection procedures carried out by the Ministry of Labor and Social Security, as well as preparatory procedures and civil investigations instituted by the Regional Labor Prosecutor’s Office.
Publications from Brazil
- Member of the Association of Lawyers of São Paulo and the Institute of Lawyers of São Paulo.
- Holder of the Chair No. 37 of APDT (São Paulo Labor Law Academy).
- Member of AASP (São Paulo Lawyers Association).
- Member of IASP (Institute of Lawyers of São Paulo).
- Professor in the graduate and postgraduate programs at Universidade São Judas Tadeu.
- Studied at the Academy of American and International Law of The Center for American and International Law, USA, 2006.
- Doctor’s degree in Labor Law from the Law School of USP (Universidade de São Paulo), 2003.
- Master’s degree in Labor Law from the Law School of USP, 1999.
- Graduate of the Law School of USP, 1996.
Alexandre is recommended by national and international legal publications and organizations such as Chambers Latin America, Latin Lawyer 250, Who’s Who Legal, The Legal 500, and Análise Advocacia 500.
“Os Tratados Existentes e as Relações Trabalhistas e Previdenciárias”. In Constitucionalização do Direito do Trabalho no MERCOSUL. São Paulo: LTr, 1998.
Alexandre de Almeida Cardoso
Partner in the Labor practice group at TozziniFreire, Alexandre has over 25 years of experience in representing companies with complex and strategic matters, both individually and collectively. He has extensive experience in union negotiations on the most diverse issues, such as union framework, revision of conditions in base date periods, remuneration policies, and corporate restructuring (workforce adaptation, shutdown of business activities, and termination of production branches). He also provides preventive counseling to employers, focusing on labor compliance, social media, confidentiality and non-compete agreements, compensation, as well as benefits. Alexandre also represents companies in disputes related to executive employment contracts and in collective bargaining, including in administrative inquiries and public civil lawsuits filed by the Public Prosecutor’s Office.
Publications from Brazil
- Specialized degree in Social Security Law from EPD (Escola Paulista de Direito), 2009.
- Specialized degree in Business Management from Business School São Paulo, 2009.
- Specialized degree in Labor Law from PUC-SP (Pontifícia Universidade Católica de São Paulo), 2006.
- Graduate of the Law School of UNIP (Universidade Paulista), 2002.
- “Relações Trabalhistas no Brasil” chapter. In 40 Anos de Direito Empresarial no Brasil. São Paulo: Quartier Latin, 2016, p. 291-303.
Partner in the Labor and Social Security practice group at TozziniFreire, André has broad experience in collective bargaining negotiations, legal audits and due diligence, collective litigation, inspections by labor authorities, as well as preparatory procedures and civil investigations instituted by the Regional Labor Prosecutor’s Office. He is also a specialist in the social security field and has great expertise in assisting clients in risk analysis of compensation plans, creation of profit sharing plans, stock options and other forms of remuneration, as well as labor health and safety related matters.
Publications from Brazil
- Doctor of Laws degree from UNISINOS (Universidade do Vale do Rio dos Sinos), 2014.
- Master’s degree in Fundamental Law from ULBRA (Universidade Luterana do Brasil), 2009.
- Specialized degree in Labor Law from UNISINOS, 1999. Graduate of the Law School of ULBRA, 1998.
- Specialized degree in Labor Magistracy from FEMARGS (Fundação Escola da Magistratura do Trabalho do Rio Grande do Sul), 1999.
- O Acordo Extrajudicial Trabalhista como Forma de Solução de Conflitos (co-author). São Paulo: Lumen Juris, 2023.
- O Dano Moral à Luz da Reforma Trabalhista (co-author). Curitiba: Appris, 2019.
- Direito das Nanotecnologias e Meio Ambiente do Trabalho. Porto Alegre: Editora Livraria do Advogado, 2014.
- A Equiparação Salarial como Instrumento Garantidor da Isonomia nos Contratos de Emprego. São Paulo: Editora Verbo Jurídico, 2009.
- Manual de Prática Trabalhista (co-author). São Paulo: Editora Verbo Jurídico.
- Direito do Trabalho e Processo do Trabalho (co-author). Porto Alegre: Editora Sapiens.
- Compêndio Preparatório para o Exame da Ordem dos Advogados do Brasil (co-author). São Paulo: Editora Verbo Jurídico.
Maurício de Carvalho Góes
Head of the Labor practice group at TozziniFreire’s Porto Alegre office, Maurício is recognized for his experience in litigation and preventive counseling.
Publications from Brazil
- Studied at the Academy of American and International Law, organized by the Center for American and International Law, USA, 1999.
- Graduate of the Law School of Universidade de São Paulo (USP), 1986.
Mihoko is consistently recognized as a leading lawyer by national and international legal publications, such as Chambers Latin America, The Legal 500, Expert Guides, Análise Advocacia 500 and Latin Lawyer 250. In 2021, she was also recognized in the Women in Business Law guide, by Expert Guides.
- Labour Law chapter from ‘Doing Business in Brazil’ (São Paulo: Britcham Brazil Publications, 2012).
- Direct Investment: Setting Up chapter from the book ‘Doing Business in Brazil’ 2001 and 2005 editions (São Paulo: Britcham Brazil Publications, 2005).
- Brazil chapter from the book ‘International Employee Equity Plans – Participation Beyond Borders Handbook’ (London: Kluwer Law International, 2003).
Mihoko Sirley Kimura
Mihoko has extensive experience in creating strategies for hiring and compensating professionals. Well recognized in the labor and social security field, she has developed a leading practice providing companies the full range of assistance in relation to workplace law issues. Mihoko´s expertise comprises strategic advice on issues involving profit-sharing plans, stock options, flexible benefits, variable remuneration, hiring and termination of contracts, prevention of labor and social security liabilities, health and safety matters, labor and employment compliance aspects, data privacy and social media issues, confidentiality and business protection matters including non-compete agreements, and union relationships. She also assists clients in immigration matters, including work visas and regulatory requirements.
Publications from Brazil
Member of APDT (São Paulo State Academy of Labor Law)
- LL.M. in International Business Law from Faculdade Católica Portuguesa, Portugal, 2010.
- Specialized degree in Labor from PUC-SP (Pontifícia Universidade Católica de São Paulo), 2006.
- Graduate of the Law School of Universidade Presbiteriana Mackenzie, 2003.
Gabriela is recommended by legal guides Latin Lawyer 250, The Legal 500, Who’s Who Legal Brazil, Análise Advocacia 500 e Análise Advocacia Mulher. She is also LACCA Thought Leader and Approved: Latin America’s leading private practitioner for Labor.
With solid experience in the Labor and Employment practice, Gabriela specializes in preventive legal advice, assisting clients with local and cross-border labor and employment matters. Her performance includes day-to-day advisory work, such as hiring and compensation structures of employees and executives, incentive plans, benefits, human resources internal policies, occupational health and safety aspects, disciplinary measures, termination of contracts, restructuring and integration projects. Additionally, Gabriela deals with data privacy and social media issues, whistleblowing, discrimination, labor and employment compliance, confidentiality and non-compete agréments, as well as remote work structures. She also represents clients in negotiations of collective bargaining agreements, due diligence and investigation processes. In the Immigration area, her practice encompasses strategies for global mobility: hiring foreigners to work in Brazil and Brazilians to work abroad, including work visas/residency permits and other regulatory requirements.
Publications by Gabriela Lima
- Specialized degree in Corporate Management from Business School São Paulo, 2007.
- Specialized degree in Labor Law from PUC-SP (Pontifícia Universidade Católica de São Paulo), 2005.
- Specialized degree in Civil Procedural Law from PUC-Campinas (Pontifícia Universidade Católica de Campinas), 2000.
- Graduate of the Law School of USF (Universidade São Francisco), 1998.
Fernanda Bianco Pimentel
Partner in the Labor area of TozziniFreire, Fernanda is highly skilled in defending the interests of companies in relevant individual lawsuits, class actions, including public civil actions filed by the Ministry of Labor Prosecution, investigations with the Ministry of Labor Prosecution and collective bargaining. Fernanda is also a specialist in the negotiation and implementation of the Voluntary Dismissal Program (PDV/PDI) and in the draft of cessation plan of commercial establishments/business operations. Additionally, she has expertise in the management of labor proceedings, aiming to ensure efficiency in cost reduction and standardizing procedures for her clients.
Publications from Brazil
- Graduate of the Law School of UNIP (Universidade Paulista), 2004.
TozziniFreire´s partner in the Labor practice, Caio is highly skilled in labor taxation, with over 20 years of experience in matters related to pension, tax, and strategic compensation. He provides advisory and litigation assistance to companies in multidisciplinary issues, comprising the legal, human resources, and corporate governance areas. Additionally, Caio leads credit recovery projects, working on legal evaluation, economic assessment, tax credit utilization, and administrative and judicial defenses.