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Brazil

Federative Republic of Brazil

Civil lawFederal presidential republicReviewed· 2026-04-27
Capital
Brasília
Population
217,000,000
Languages
Portuguese
Currency
BRL

Brazil · Rights

Rights in Brazil

What the atlas records on rights in Brazil, checked against the primary sources cited below.

Rights

The 1988 Citizen Constitution with direct constitutional actions

Reviewed· 2026-08-03

Brazil's constitution is long, detailed and rights-rich. The Supreme Federal Court hears abstract review actions brought by designated bodies as well as individual appeals.

Key rules

  • ADI, ADPF and ADC actions allow abstract review with binding, general effect.
  • Cláusulas pétreas protect federalism, separation of powers, direct suffrage and individual rights.
  • Social rights including health and education are judicially enforceable.

Governing law

  • Constituição Federal (1988)
  • Lei 9.868/1999Abstract review procedure

In practice

Judicialização da saúde — individual court orders compelling the state to fund treatment — is the most visible consequence of enforceable social rights.

Sources

Rights

LGPD, closely modelled on the GDPR

Reviewed· 2026-08-03

The Lei Geral de Proteção de Dados applies to processing connected to Brazil regardless of where the controller sits. The ANPD supervises and has been issuing sanctions since 2023.

Key rules

  • Ten lawful bases, including legitimate interest and protection of credit.
  • Data subjects have access, correction, portability, anonymisation and deletion rights.
  • A DPO (encarregado) must be appointed and publicly identified.

Governing law

  • Lei 13.709/2018 (LGPD)

Penalties and consequences

  • Up to 2% of Brazilian revenue capped at R$50 million per infraction

In practice

The ANPD's early enforcement has focused on small controllers with no DPO and no privacy notice, so the basics matter more than sophisticated documentation.

Sources

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