- 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.
- On 20 February 2024, Minister Dias Toffoli of the Supreme Federal Court ruled in favor of the Brazilian Bar Association, ordering the removal of communications illegally obtained between a client and lawyer. The Brazilian Bar Association emphasized that attorney-client confidentiality is essential for trust in the justice system and the decision, based on such principle, removed from the court dockets of a specific investigation case the communication held between client/attorney. (INQ 4940 / DF, Reporting Justice Dias Toffoli, judged on 19 February 2024).
- On 14 November 2024, the Federal Council of the Brazilian Bar Association issued a recommendation (001/2024) that (a) explicitly warns that the use of generative AI tools shall not compromise confidentiality/attorney-client privilege and (b) advised that lawyers must avoid inputting sensitive client data into AI systems without an explicit guarantee of data protection and confidentiality.
- On March 2025, the Superior Court of Justice decided the following in a criminal procedure:
"telephone confidentiality, as an extension of the right to privacy and the exercise of the legal profession, is not absolute. There are exceptional cases in which the public interest prevails over the guarantee provided in Article 7, II, of the Brazilian Bar Association Statute, particularly in cases such as the present one, involving the wiretapping of a lawyer who holds public office and uses it to commit criminal acts.” (AgRg in RHC No. 110.287/MG, Reporting Justice Antonio Saldanha Palheiro, published on 18 March 2025).