LEGISLATION

– The profession of Private Detective (Professional Detective, Private Investigator and other synonyms) is governed by LAW 13.432 OF APRIL 11, 2017, which recognizes the profession, allows for conditioned participation in criminal / police investigations, determines contractual rules with clients, standardizes the reports and detailed reports of investigations and establishes the rights and duties of professionals.

– Private intelligence activities have been RECOGNIZED in the country since 1959, pursuant to LAW 3.099/57 and FEDERAL DECREE 50.532/61, both still in force.

–  The Brazilian Classification of Occupations – CBO – of the Ministry of Labor and Employment classifies under code 3518-05 the activity of INVESTIGATION AND IDENTIFICATION AGENTS: PRIVATE INVESTIGATION AGENT, PRIVATE INVESTIGATOR, PRIVATE DETECTIVE, PROFESSIONAL DETECTIVE. Thus, the student will be able to work with REGISTRATION IN PORTFOLIO for duly legalized Investigation Agencies, either as a Detective or as an Assistant, and even in large companies that have an Intelligence, Fraud Prevention, Loss Prevention, Continued Theft, etc. sector.

– The International Uniform Classification of Occupations – CIUO88 – of the International Labor Organization – ILO – which is a UN body, classifies under code 3450 the activity of INSPECTORS OF POLICE AND DETECTIVES.

–  The National Classification of Economic Activities – CNAE – by the IBGE/Ministry of Planning classifies, under code 8030-7/00, the PRIVATE INVESTIGATION ACTIVITIES, PRIVATE DETECTIVE AGENCY, PRIVATE INVESTIGATION SERVICES.

– The National Classification of Economic Activities – CNAE – of the IBGE/Ministry of Planning classifies, under the code 6911-7/02, the AUXILIARY ACTIVITIES OF THE JUSTICE, SERVICES OF JUDICIAL EXPERTISE.

– Pursuant to Law 12.030 of September 17, 2009, whose VETO to its article 4 continues to allow the Judiciary to designate unofficial Private Experts in the absence of Official Experts, in accordance with paragraphs 1 and 2 of art. 159 of the Code of Criminal Procedure.

– The Federal Constitution says in its article 5, item XIII
“THE EXERCISE OF ANY WORK, OFFICE OR PROFESSION IS FREE, PURSUANT TO THE PROFESSIONAL QUALIFICATIONS THAT THE LAW ESTABLISHES.”

– The Federal Constitution says in its article 170th sole paragraph
“EVERYONE IS GUARANTEED THE FREE EXERCISE OF ANY ECONOMIC ACTIVITY, REGARDLESS OF AUTHORIZATION BY PUBLIC AGENCIES, EXCEPT IN CASES PROVIDED BY LAW”.

– The new Law 13.432/2017 establishes that the profession of Private Investigator is still considered a FREE EXERCISE activity. Therefore, for their exercise, the student suffices to be admitted by a duly legalized Investigation Agency, or to exercise the profession as an Autonomous Private Detective, by registering with the city hall of his city or being able to open an INVESTIGATION COMPANY, if the local city hall does not allow such activity autonomously. Many practice their profession from home and without any registration, but we suggest that students at least register as a Private Detective with the INSS as an Independent Individual Taxpayer.

– It is not the responsibility of the Civil Police or the Federal Police to inspect, authorize or recognize Private Detective courses or agencies.