In Brazil, written communications between clients and their lawyers, whether in paper or electronic form, are deemed to be confidential. However, it is not clear within the Brazilian legal community whether (i) the privilege attaches to the communications themselves, which means they would still be privileged when in the client's possession; or (ii) the privilege applies only to the person of the lawyer, and thus copies held by the client would not be protected.

Although we believe that the former position is stronger (i.e., the communications remain confidential in the client's possession), case law has not yet settled this issue. The court decisions involving this matter only state that a communication will be considered privileged and confidential as long as it is exchanged between the licensed attorney and their client during the exercise of the legal profession.

Yes. Brazilian law draws no specific distinction between external and in-house lawyers in relation to lawyers' professional rights and duties. Although the legislation does not make a distinction, some prerogatives such as privilege were constantly being questioned. As a result, in August 2021, the Provision No. 207/2021 of the Brazilian Bar Association regulated the prerogatives of in-house lawyers, establishing that they must be treated in the same way as those related to external lawyers, and ensuring that the same rights of confidentiality and privilege of attorney-client communications apply. According to the Ethics Code of the Brazilian Bar Association, in-house lawyers are required to be as independent as any other lawyer and are thus subject to the same rights and duties.

Yes. Brazilian law draws no specific distinction between external and in-house lawyers in relation to lawyers' professional rights and duties. As long as the communication involves legal issues and the in-house counsel is licensed and registered at the competent Brazilian bar, the privilege extends to internal communications amongst in-house lawyers.

Under federal law, foreign lawyers have the same rights, duties and protections granted to Brazilian lawyers in relation to privilege, provided that they hold a Brazilian bar license authorizing them to practice in Brazil.

In general, under the Brazilian system, nonlegal professionals are not allowed to advise on legal issues. In the exceptional cases in which they are authorized to do so, nonlegal professionals cannot benefit from privilege, which is exclusive to those duly licensed at the Brazilian Bar.