Attorney-Client Privilege in Brazil

When hiring a lawyer in Brazil, one of the most important protections you get is attorney-client privilege. Known as sigilo profissional, this privilege ensures that what you share with your lawyer remains confidential.

Attorney-client privilege isn’t just a professional courtesy. The Ethics Code of the Brazilian Bar Association (OAB) and Law 8906/1994 require that lawyers keep client information private. It applies to anything a client shares orally or in writing with counsel.

The privilege is both an ethical and a legal duty that applies not only to court proceedings but also to negotiations, corporate matters, and even informal conversations. A lawyer who breaches this obligation can face disciplinary action, including suspension or disbarment.

Attorney-client privilege in Brazil also extends to the lawyer’s office and files. Authorities can’t simply search a law firm and seize client documents unless there’s evidence that the lawyer has committed a crime. In this case, there must also be a judicial warrant.

This isn’t all that different from attorney-client privilege in the US. The difference is that in the US the privilege comes from common law, not statute. There’s no single federal law. Instead, the rules appear in court decisions, the Federal Rules of Evidence, various state laws, and ethics rules for lawyers.

This safeguard ensures that clients can speak freely with their lawyer without fear that what they say will be used against them. Whether you’re discussing a tax issue or strategizing a defense to a lawsuit, the conversation stays between you and your lawyer.