Background Check

The CPF, which stands for Individual Taxpayers’ ID, is a very important document for all Brazilians and even foreigners living in Brazil. It acts as a unique record for each person, a kind of “tax identity” that accompanies you for life.

Imagine that the government needs to keep each citizen's information in order to control the payment of taxes, participation in social programs, and various other interactions with the Brazilian Internal Revenue Service. The CPF is the key to accessing this information!

What is the CPF for? It is essential for various day-to-day activities, such as: opening bank accounts, without a CPF, you cannot access banking services such as current accounts, savings accounts, credit cards, etc.; obtaining credit: loans, financing, instalment plans, all require the CPF so that financial institutions can evaluate your credit history; reporting Income Tax, if you receive earnings above a certain amount per year, you need to report your income to the Brazilian IRS using the CPF; getting a passport to travel outside Brazil, the CPF is one of the mandatory documents; participating in public tenders, registering for tenders requires your CPF number; receiving social benefits such as Bolsa Família (a Program of Transfers to Poor Families), pensions, unemployment insurance, use the CPF to identify the beneficiaries; buying online, many online stores require the CPF to complete the purchase and issue an invoice; signing contracts, in rental contracts, buying and selling real estate, and other types of contracts, the CPF is used to identify the parties involved.

What does the CPF look like? The CPF is a number made up of 11 digits. In the past, it was issued on a physical card, but nowadays you can access it online via the Brazilian IRS website.

Who needs a CPF? Anyone, regardless of age, can have a CPF. It is even recommended that even babies have the document to make it easier for them to be included in health plans and other services.

The identification document for Brazilian companies is the CNPJ, which stands for Corporation Taxpayers’ ID. It is like a company’s “CPF”, a unique number that identifies each company to the Brazilian IRS.

What is the CNPJ for? Just as the CPF identifies individuals, the CNPJ is essential for companies to carry out various activities, such as: issuing invoices, every company needs a CNPJ to issue invoices and record its business operations. opening bank accounts to move the company’s money, you need to have a bank account, and for this, the CNPJ is vital; hiring employees, registering employees and collecting labor charges requires submitting the CNPJ; obtaining credit to apply for loans and financing, companies need to prove their existence and lawfulness through the CNPJ; participate in tenders, companies wishing to provide services to the government need to be registered with the CNPJ; import and export, foreign trade operations require the company to have a CNPJ and sign contracts, the CNPJ is used to identify companies in contracts of various kinds.

Who needs a CNPJ? Any company, regardless of its size or branch of activity, needs to have a CNPJ to operate legally in Brazil. This includes:

• Micro companies (ME)
• Small companies (EPP)
• Medium and large companies
• Non-governmental organizations (NGOs)
• Associations
• Foundations

How do I get a CNPJ? The process of obtaining a CNPJ varies according to the type of company and the legislation of each state. Generally, you need to register the company with the Board of Trade or the Civil Registry of Legal Entities, and then apply for the CNPJ with the Brazilian IRS.

It is important to remember that the CNPJ is a fundamental document for the legitimacy and credibility of any company in Brazil.

Brazil is made up of 27 states, of which 26 are states: Acre, Alagoas, Amapá, Amazonas, Bahia, Ceará, Espírito Santo, Goiás, Maranhão, Mato Grosso, Mato Grosso do Sul, Minas Gerais, Pará, Paraíba, Paraná, Pernambuco, Piauí, Rio de Janeiro, Rio Grande do Norte, Rio Grande do Sul, Rondônia, Roraima, Santa Catarina, São Paulo, Sergipe, and Tocantins. 1 is the Federal District: The capital of the country, Brasília.

Remember that each state has its own constitution and autonomy to legislate on specific issues, such as taxes, education and public safety.

The legal structure in Brazil is quite complex, but we can summarize it as follows:

1. 1. Bodies:
   • Supreme Federal Court (STF): The highest court in the country, responsible for upholding the Federal Constitution.
   • National Council of Justice (CNJ): Supervises and administers the Judiciary Power, ensuring the autonomy and independence of the bodies.
   • Superior Court of Justice (STJ): Standardizes the interpretation of federal law throughout the country.
   • Superior Courts:
   • Superior Labor Court (TST)
   • Superior Electoral Court (TSE)
   • Superior Military Court (STM)
   • Federal Regional Courts (TRFs) and Federal Judges: Try cases in which the Brazilian Government, autarchies or federal public companies are parties.
   • Labor Courts and Judges: Try conflicts between workers and employers.
   • Electoral Courts and Judges: Organize and supervise elections.
   • Military Courts and Judges: Try military crimes.
   • State Courts and Judges: Try most civil and criminal cases.
2. 2. Courts:

   Brazilian justice is organized into courts, which represent the different levels of judgment: First Instance: Where lawsuits are initiated and cases are judged for the first time. Second Instance: Where appeals against lower courts decisions are heard. Supreme Courts: Higher Courts and the Supreme Federal Court, responsible for standardizing jurisprudence and judging specific cases.

3. 3. Branches of Justice:
   1. Common Justice:
      • Federal Justice
      • State Justice
   2. Specialized Justice:
      • Labor Justice
      • Electoral Justice
      • Military Justice
4. 4. Principles:

   Brazilian justice is based on some fundamental principles: Due process of law: Guarantees the right to a full defense, an adversarial proceeding and a fair trial.

   • Natural judge: Determines that no one can be judged by a judge or court of exception.
   • Publicity: Judicial decisions must be public, with legal exceptions.
   • Inaffordability of jurisdiction: The Judiciary Power cannot refuse to judge any injury or threat to the right.

   In addition to judges and courts, other important players make up the Brazilian judicial system:

   • Public Prosecutor’s Office: Oversees the law and defends social interests.
   • Public Advocacy: Represents the interests of the Brazilian Government, states and municipalities.
   • Public Defender’s Office: Provides free legal assistance to those who cannot afford it.
   • Private Advocacy: Represents the interests of private individuals in legal proceedings.

   In summary: The Brazilian judicial structure is complex and organized into different bodies, instances and branches, with the aim of guaranteeing justice and compliance with the law throughout the country.

The police structure in Brazil is a little complex, but I’ll explain it clearly:

1. 1. Types of police:
   1. Federal Police:
      • Federal Police (PF): Investigates federal crimes such as drug trafficking, crimes against the financial system, cybercrimes and crimes against the political and social order. It also controls borders and immigration.
      • Federal Highway Police (PRF): Patrols federal highways, ensures traffic safety and combats crimes such as cargo theft and drug trafficking.
   2. State Police:
      • Civil Police (PC): Responsible for investigating crimes such as homicides, robberies, kidnappings, embezzlement, etc. They carry out police inquiries and refer cases to the courts.
      • Military Police (PM): They carry out ostentatious and preventive policing, i.e. they act on the streets to maintain public order, prevent crimes and respond to incidents.
   3. Other police
      • Penal Police: Responsible for prison security and escorting prisoners.
      • Municipal Guards: Operate in cities, protecting public property, assisting with public safety and traffic.
2. 2. Duties:

   Each type of police force has its own specific duties, defined by the Federal Constitution and complementary laws.

   • Prevention: Military Police and Municipal Guards.
   • Investigation: Federal Police and Civil Police.
   • Prison Security: Penal Police.
   • Traffic: Federal Highway Police and in some cases the Military Police and Municipal Guards.
3. 3. Organization:

   The police in Brazil are organized hierarchically, with positions and ranks that define the responsibilities and power of each officer.

4. 4. Jurisdiction:

   Each police force operates in a specific geographical area:

   • Federal Police: The entire national territory.
   • Federal Highway Police: Federal highways.
   • State Police: Within the state.
   • Municipal Guards: Within the city.
5. 5. Control:

   The police are controlled by different bodies:

   • Federal Police: Ministry of Justice and Public Security.
   • State Police: State governments.
   • Municipal Guards: City halls.

   In summary: The Brazilian police structure is complex, with different types of police operating in specific areas and with different attributions. This division aims to guarantee public safety and compliance with the law throughout the country.

A police inquiry is like the initial investigation that the police carry out when they learn of a crime. It is an administrative procedure, conducted by the Civil Police (or the Federal Police, in specific cases), whose main objective is to gather information and evidence to find out who committed the crime and how it happened.

Imagine that a robbery has taken place. The victim goes to the police station and files a police report. From there, the police start an inquiry to investigate the case.

What happens during the inquiry?

• Collecting evidence: The police collect evidence such as witness statements, analysis of security camera images, forensics, etc.
• Identifying the suspect: The police try to identify who is suspected of committing the crime.
• Investigating the facts: The police investigate how the crime happened, i.e. the dynamics of the crime.

What is the inquiry for?

The police inquiry is used to help the Public Prosecutor’s Office decide whether or not to file charges against the suspect. If the investigation shows that there is sufficient evidence of the authorship and materiality of the crime, the Public Prosecutor’s Office can file charges, thus initiating criminal proceedings.

Who leads the inquiry?

The police inquiry is conducted by a police chief, who is the authority responsible for all stages of the investigation.

Main characteristics of the inquiry:

• Inquisitive: The police chief has the power to conduct the investigation as he sees fit, seeking the real truth.
• Confidential: The information in the investigation is confidential in order to guarantee the success of the investigation and protect those involved.
• Dispensable: The police investigation is not mandatory for the Public Prosecutor’s Office to file charges. In some cases, other evidence may be sufficient to initiate criminal proceedings.

In summary: The police inquiry is a preliminary investigation carried out by the police to ascertain the authorship and materiality of a crime. It is fundamental to the criminal justice system, as it helps to clarify the facts and ensure that the guilty are punished.

A police report is an official document used to record an event or occurrence that requires the attention of the police. It is like a “snapshot” of what happened, with important details about the event.

When should you file a police report? In various situations, such as:

• Crimes: robberies, thefts, assaults, homicides, fraud, etc.
• Traffic accidents: collisions, being run over, etc.
• Missing persons: when someone disappears without leaving any news.
• Finding lost objects: wallets, documents, cell phones, etc.
• Non-criminal incidents: collapses, fires, accidents at work, etc.

Where to file a police report?

• Police stations: the traditional way to file a police report.
• Electronic police stations: online platforms run by some police forces to file less serious incidents.
• Service stations: some places, such as shopping malls and airports, have police stations for registering incidents.

Important information in the police report:

• Personal details: name, address, ID Card.
• Date, time and place of the incident.
• Detailed description of the incident: what happened, how it happened, who was involved.
• Witnesses: if any, name and contact details.
• Evidence: if available, provide photos, videos, documents, etc.

What is the police report for?

• To officially record the incident: to create a formal record of what happened.
• To start a police investigation: in cases of crime, the police report is the starting point for the investigation.
• Trigger insurance: in cases of accidents or theft, the police report is necessary to trigger insurance.
• Obtaining other documents: in some cases, the police report is needed to issue duplicate documents, etc.

In Brazil, judicial procedures are quite diverse, each with its own characteristics and purposes. To better understand this variety, we can group them into a few main categories:

1. 1. Execution Proceedings

   This is the most common type of proceeding, used when there is a conflict of interest that needs to be resolved by the judge. It is divided into several phases:

   • Postulatory phase: the parties present their allegations and requests.
   • Sanctioning phase: the judge organizes the process and defines the controversial points.
   • Instructional phase: evidence is produced, such as depositions and expert opinions.
   • Decision phase: the judge passes sentence, resolving the conflict.
   Examples of knowledge processes:
   • Collection action
   • Divorce action
   • Divorce action
   • Compensation for moral damages
   • Possession action
2. 2. Enforcement process:

   Used to force compliance with an obligation that has already been defined in a previous process or in an extrajudicial enforcement instrument (such as a check or promissory note).

   Examples of enforcement proceedings:
   • Enforcement of extrajudicial kind
   • Enforcement of judgment
3. 3. Precautionary proceedings:

   Aimed at guaranteeing the outcome of the main proceedings, they prevent the party’s rights from being harmed during the course of the action.

   Examples of precautionary procedures: Arrest, Sequestration, Search and Seizure

4. 4. Special Procedures:

   These are procedures with their own rulings, which differ from the common knowledge process.

   Examples of special procedures: Maintenance action, Inventory and Interdiction

5. 5. Voluntary Jurisdiction Procedures:

   Processes in which there is no conflict of interest between the parties, but rather the need for a judicial decision to regularize a legal situation.

   Examples of voluntary jurisdiction procedures:
   • Approval of consensual divorce
   • Emancipation of a minor and judicial license
   In addition to these categories, we can classify legal proceedings in other ways:
   • By nature: civil, criminal, labor, electoral, etc.
   • In terms of ruling: ordinary, summary, very summary.
   • In terms of instance: first instance, second instance, higher courts.

We don’t carry out research that violates national sovereignty, that exposes the data of authorities and political figures. We do not make exceptions.