Littler Global Guide - Brazil - Q4 2021

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

View all Q4 2021 Global Guide Quarterly updates   Download full Q4 2021 Global Guide Quarterly

Ordinance that Restricted Employers’ Ability to Impose Vaccination Mandates Is Partially Suspended

New Order or Decree

Authors: Marília Minicucci, Partner, and Pâmela Gordo, Associate – Chiode Minicucci | Littler

On November 1, 2021, Brazil’s Ministry of Labor and Welfare (a body of the Federal Government) issued Ordinance # 620/2021, establishing rules and restrictions relating to the vaccination of employees against COVID-19. Among other provisions, said Ordinance established that it was considered a discriminatory practice (under Law # 9,029/95) to demand proof of vaccination in recruitment, as well as to terminate an employee for cause, due to their failure to present proof of vaccination.

On November 12, 2021, the Brazilian Supreme Court issued a preliminary injunction, partially suspending the ordinance’s provisions that restricted employers from demanding proof of vaccination in recruitment and from terminating employees for cause due to lack of proof of vaccination. A full hearing on the merits of the case is pending; accordingly, the preliminary injunction is not final and a date for the ruling is not set yet.

New Norms with Implications in the Workplace

New Order or Decree

Authors: Marília Minicucci, Partner, and Pâmela Gordo, Associate – Chiode Minicucci | Littler

On November 11, 2021, the Ministry of Labor and Welfare published two new norms, i.e., Decree # 10,854/2021 and Ordinance # 671/2021. Two changes worth mentioning relate to the remote control of working hours (so-called REP-P) and the workers’ food program (known as PAT). The latter has tax implications for companies as it pertains to the deductions for the meals provided to employees.

The decree becomes effective 30 days after its publication, i.e., November 11, 2021. Various provisions under the ordinance become effective on December 10, 2021, whereas others become effective on February 10, 2022.

Brazilian Data Protection Authority (ANPD) Updates System for Filing Complaints

Important Action by Regulatory Agency

Author: Renata Neeser, Shareholder – Littler

On December 21, 2021, the Brazilian Data Protection Authority (ANPD) updated instructions on how and when data subjects can file a complaint against a data controller for possible violation of their rights under the General Data Protection Law (LGPD). The LGPD is Brazil’s all-encompassing data protection law similar to the European Union’s GDPR. The LGPD imposes certain requirements on data processing agents (which include controllers and processors of data) to safeguard the data privacy rights of individuals (data subjects). The ANPD has the authority to impose administrative sanctions for LGPD violations.

Under the updated instructions, the data subject must first formally contact the controller to try to get their request(s) answered or addressed. If the controller fails to resolve the issue, the data subject can petition the ANPD to intercede. The petition must be submitted online and the data subject must provide the data controller’s or processor’s contact information and a description of the situation, and submit proof that the data subject formally made a request to the controller and it was not addressed (or was not addressed timely). In exceptional circumstances the ANPD may accept anonymous petitions and/or a self-declaration that it was not possible to provide evidence, provided the identity of the complainant is not needed to investigate the facts and the information provided can be verified. The full article is available on

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.