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The requirement for the document only makes sense when there is a direct relationship with the function performed and can turn into discrimination if used as a general filter
The requirement for criminal background checks in selection processes has once again raised doubts among candidates and companies seeking legal certainty in hiring. The criminal background certificate indicates whether there are criminal records in a person’s name, but its request must have a justification related to the vacancy. A company should not automatically request this document for any position, as this practice can be interpreted as discriminatory. In some cases, however, the requirement may be accepted when the role involves special trust, security, access to sensitive data, care for vulnerable people, or legal provision.
Requirement must have a clear relation to the function
The criminal background certificate shows whether there are criminal records in the systems consulted by the issuing body. When there is no record of a final conviction in the analyzed database, the document usually indicates “nothing found.” The certificate can be requested for public tenders, administrative processes, travel, immigration, regulated activities, and some hirings. The central point, however, is that background checks cannot be used as a generic filter to exclude candidates unrelated to the vacancy.
The company may request criminal background checks when there is legal provision, when the nature of the position justifies it, or when the role requires a high degree of trust. Positions related to the care of children, the elderly, or vulnerable people may justify the request. Roles with access to valuables, banks, cashiers, cargo transport, goods, sensitive data, or confidential information may also require specific analysis. Even so, the purpose must be explained, and the use of the document must respect proportionality.
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Request without criteria can lead to risk of abuse
The requirement can be considered abusive when it has no relation to the function, when it is made for all candidates without criteria, or when it results in automatic exclusion. The risk increases when the vacancy does not involve special risk, differentiated trust, or legal provision. The company may also face challenges when it does not explain why it needs the document, when it exposes the candidate, or when it stores data without transparency. In these cases, the request ceases to be a justified measure and begins to create an unfair barrier for those seeking employment.
The candidate should observe important signs during the selection process. A lack of explanation about the purpose of the certificate may indicate abuse. The same applies when the document is required for a simple vacancy, without specific risk. Automatic elimination, public embarrassment, lack of guidance on data usage, and unnecessary storage also deserve attention. In selection processes, the company must act with care, because the certificate cannot replace a proportional evaluation of the position.
Document must be issued through an official channel
The Federal Police allows the issuance of criminal background certificates online, free of charge. There are also state certificates issued by public security agencies, according to the purpose of the request. The document must be requested through an official channel, with a clear objective and without undue charges for free services. The candidate should also ask why the certificate is being required and how it will be used in the selection process. The validity of the federal document issued online follows a term defined by the service itself.
If the requirement seems abusive, the candidate can request a written explanation about the purpose of the certificate and its relation to the vacancy. In cases of embarrassment, discrimination, or unjustified elimination, it is also possible to seek guidance from the union, the Public Defender’s Office, the Labor Public Prosecutor’s Office, or a labor lawyer. For companies, the safest path is to request background checks only when there is a real justification. For candidates, the main point is to understand that the document may be legitimate in certain cases, but it should not become a universal requirement for any job.
What should weigh more in a selection process: the security required by some functions or the risk of transforming a specific document into an unfair barrier for those trying to re-enter the job market?
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