On April 2016, the new Code of Ethical Conduct of the Brazilian Bar Association became effective. This new code strengthened the protection for "communications of any nature" exchanged between a client and their lawyer. Such expression, "of any nature", was not encompassed in the previous Code, so it is possible to conclude that the concept of communication became wider, giving more protection to the documents related to the exercise of the legal profession.
Also, on 19 September 2017, the Superior Council of the Brazilian Bar Association delegated powers to the Federal Council of the Brazilian Bar Association to adopt constitutional measures to ensure that the Supreme Court takes actions to apply a restrictive interpretation with regards to article 7(II) of the Federal Law 8.906/94, which governs the Brazilian legal profession, and sets forth that a lawyer has the right to the inviolability of their office or place of work, as well as their work instruments, and written, electronic, telephonic and telematic communications, as long as these are related to the practice of the legal profession. The Brazilian Bar Association was motivated by court decisions determining the interception of conferences between attorneys and their clients during investigations and criminal proceedings. The Brazilian Bar Association claims that no distinction is being made with regards to the content of such communications, and as a result, privileged conferences between clients and their attorneys are being recorded.
The Provision No. 188/2018 from the Brazilian Bar Association provides additional guarantees to internal investigations conducted by lawyers for the defense of their clients in criminal proceedings and the Provision No. 207/2021 equates the prerogatives/rights of in-house lawyers with those of external lawyers. Both provisions increase the protection for attorney-client communications and attorney work product.
In June 2022, the Law 14.365/22 added new rules to the Code of Ethical Conduct of the Brazilian Bar Association involving the legal profession and lawyers' activities. In relation to privilege, this law strengthened the protection regarding the inviolability of lawyers' offices, since it brought in a specific rule to determine that injunctions aiming to violate lawyers' offices/work places are exceptional and require proper evidence.