BRAZIL Law and Practice Contributed by: Patricia Barboza, Alinne Gordilho and Amanda Costa, CGM Advogados
3.3 Format Interviews of the HR internal investigation can be car -
opening of an HR internal investigation to the authori - ties. 2.3 Confidentiality Agreements and NDAs Parties involved in an HR internal investigation may be asked to sign NDAs. Such agreements are more commonly used in investigations involving sensitive topics. However, even without an NDA, there is a gen - eral obligation for parties to maintain the confidenti - ality of the investigation. In cases of a confidentiality breach, companies typically have the right to disci - pline employees who violate this obligation, particu - larly if internal policies explicitly state that participa - tion in investigations and any related matters must remain confidential. 2.4 Preliminary Investigation and Scope- Setting A preliminary investigation can be conducted to assess whether a full HR internal investigation is war - ranted. This typically involves reviewing the informa - tion provided by the reporter to determine the feasi - bility of proceeding. For instance, if a report is made anonymously without sufficient details – such as the identity of the respondent or victim, the department/ location or specific incidents (eg, “a manager is poorly treating their subordinates” without further context) – the company may decide not to initiate a broader investigation due to the lack of actionable information. Typically, the reporter and any individuals who may have witnessed the conduct are interviewed as part of the process. The respondent is also interviewed if the report, interviews or documents provide elements suggesting the conduct occurred, or if the company’s internal regulations require it. There is no fixed mini - mum or maximum number of individuals who can be interviewed in relation to a complaint. 3.2 Participation The participation of the interviewee in the investiga - tion/interviews should be voluntary, and the employer cannot take any action to obligate the individual to participate in the investigation. 3. Interviews and Fact-Finding 3.1 Interviewees
ried out remotely. 3.4 Interviewers
There is no fixed minimum or maximum number of interviewers, nor are there legal rules mandating spe - cific characteristics such as gender, objectivity or seniority. However, in more sensitive investigations, it is recommended to have two interviewers, with their characteristics selected based on the nature of the investigation. For example, a female interviewer may be advisable in cases involving allegations of sexual harassment against a woman. 3.5 Neutral Party The only situation in which a neutral third party should be present during interviews is when the interviewed person is underage or is mentally disabled. There is no right for the individuals to be accompanied by their attorneys, union members or any other third party unless the company’s internal regulations or the col - A minor or someone mentally disabled has the right to be represented by their parents or legal guardian in a meeting at work, and such a rule could be extended to the interview of an investigation. Aside from this, interviewees do not have the right to be accompanied by a support person during the interview, unless the company’s internal regulations or the collective bar - gaining agreement require it, or the company deter - mines that the specific situation warrants it, in which case the support person must sign an NDA. lective bargaining agreement require it. 3.6 Support Person and/or Lawyer Unless so determined by the company’s internal regu - lation or collective bargaining agreement, interviewees do not have the right to be accompanied by a lawyer during the interview. Lawyers accompanying the inter - viewees in interviews is atypical. 3.7 Information There is no statutory requirement specifying the infor - mation interviewers must provide to interviewees at the start or end of an interview.
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