Recording a labor hearing: when it is possible and what to do if it was not recorded

The hearing is the moment when the parties and witnesses speak directly to the judge. The minutes record the essentials, but not always what was said, with what emphasis and in what order. Audio and video recording is the most faithful way to preserve the content, and the law allows the party itself to make it. This guide explains the legal basis, the procedure, what to do when there was no recording and the precautions that avoid incidents.

1. Direct answer

The hearing may be fully recorded in image and audio. Either party may record it directly, without prior court authorization. When the Judiciary also records it, the parties may ask for access to the file. If the clerk's office reports that there was no recording, the party should have that information entered in the case file and, at the next hearings, record on its own, notifying the court beforehand.

2. Legal basis

• Code of Civil Procedure, art. 367, §5: the hearing may be fully recorded in image and audio, in digital or analog media, provided it ensures quick access for the parties and the judging bodies, subject to specific legislation.
• Code of Civil Procedure, art. 367, §6: recording may also be made directly by either party, regardless of court authorization.
• CLT, art. 769, and Code of Civil Procedure, art. 15: the Code of Civil Procedure applies in a subsidiary way to labor procedure, where the CLT is silent and insofar as compatible.
• CLT, arts. 817, 818 and following: the CLT deals with the recording of hearing acts and with witness evidence, and the minutes remain the official document.
• CNJ/CNMP Joint Resolution no. 645/2025: the rule invoked by the claimant in the case, on the recording of procedural acts and hearings.

3. Official recording × the party's recording

• Who makes it: Official recording = clerk's office/court platform; Party's recording = the party itself
• Authorization: Official recording = follows from the court's organization; Party's recording = waived by the Code (art. 367, §6)
• Access: Official recording = request to the clerk's office; Party's recording = immediate
• Evidentiary value: Official recording = official record; Party's recording = documentary evidence, open to challenge

The official recording is preferable, because it avoids discussion about authenticity. The party's recording is the alternative when the official one does not exist.

4. How to request the official recording

1. File a petition in the case or use the clerk's office service channel (virtual counter, institutional e-mail).
2. State the case number and the date and time of the hearing.
3. Ask for the file or the access link.
4. Indicate the ground: art. 367, §5, of the Code of Civil Procedure and the applicable rule.
5. If the answer is negative, ask for the information that the hearing was not recorded to be entered in the case.

Model request

To the Honorable Judge of the [labor court]. Case no. [number]. [Name], claimant, requests the supply of the recording of the hearing held on [date], at [time], under art. 367, §5, of the Code of Civil Procedure, applied in a subsidiary way (CLT, art. 769), or, if there was no recording, that the clerk's office so state in the case. Respectfully.

5. What to do when there was no recording

• Ask for a certificate or a formal reply from the clerk's office recording the absence of recording. The request may be made by petition or virtual counter.
• Check the minutes: if relevant points were not recorded (a question asked, an answer given, a party's objection), ask for correction or supplementation, pointing out the passage.
• Record an objection at the hearing when a question is refused or another act the party intends to challenge later takes place. The objection in the minutes is a prerequisite for alleging nullity (CLT, art. 795).
• Use other means of proof: notes taken at the time, witnesses present, messages sent during the virtual hearing.
• At the next hearings, record on your own.

6. Precautions when the party records

1. Notify the court before starting. The law waives authorization, but notifying avoids incidents.
2. Record the whole hearing, from start to finish, without cuts.
3. Use reliable equipment and format, with date and time in the file.
4. Make a backup copy and keep the original unedited.
5. Respect procedural confidentiality and third parties' privacy: the use is for the case, not for disclosure.
6. In videoconference hearings, confirm with the clerk's office whether the platform records and how to access it.

7. How to use the recording in the case

• Attach relevant excerpts, indicating timestamps and a transcript.
• Ask for the recording to be considered documentary evidence.
• In appeals, point to the passage of the recording that supports the allegation, with the exact time.
• If authenticity is challenged, offer the original file and metadata.

8. Common mistakes

• Relying only on the minutes, without objecting.
• Not requesting the official recording in time.
• Recording only parts.
• Editing the file before attaching it.
• Disclosing the recording without care for confidentiality.
• Letting the deadline to ask for correction of the minutes pass.

9. In the Page Interim and Pernod Ricard case

On 07/07/2026, the clerk's office of the 50th Labor Court of São Paulo told the claimant that the hearing of 13/04/2026, in case no. 1000293-10.2026.5.02.0050, against Page Interim and Pernod Ricard, was not recorded. The claimant had invoked CNJ/CNMP Joint Resolution no. 645/2025. The clerk's office reply is in the dossier as a record.

The first-instance judgment was issued on 07/05/2026, the motions for clarification were decided on 14/05/2026, and the ordinary appeal was filed on 28/05/2026. The absence of a recording makes the minutes the official reference on what took place on 13/04/2026.

10. Frequently asked questions

Do I need to tell the judge I am going to record? The law waives authorization, but telling avoids incidents.

Can I disclose the recording? Use must respect procedural confidentiality and third parties' privacy.

Does the recording replace the minutes? No. The minutes are the official document. The recording is proof of what was said.

What if the judge prohibits recording? Record the objection in the minutes and ask for reasons. Art. 367, §6, of the Code of Civil Procedure waives authorization.

Can a remote hearing be recorded? Yes, by the platform or by the party, subject to the court's rules.

Practical cases and advanced questions

Hypothetical example 1: party's recording, without notice. The party records the hearing without notifying, and the judge notices. The law waives authorization, but the incident may take time and generate discussion. Notifying at the start, and having the minutes state that the party will record, avoids the problem.

Hypothetical example 2: incomplete minutes. The witness answered a question in a relevant way, but the minutes recorded only part of the answer. The party should ask, at the hearing itself, for supplementation, and record an objection if it is refused. Without a recording, the objection is essential.

Hypothetical example 3: remote hearing. The platform did not record. The party may ask the clerk's office to state this in writing and, at the next hearings, should record on its own, with notice.

Question: can I record another party's hearing, in another case? Art. 367, §6, deals with the parties to the case. Third parties depend on authorization.

Question: can the recording be used on appeal? Yes, as documentary evidence, indicating the passage. If authenticity is challenged, the original file must be presented.

Question: can the judge prohibit recording? The Code of Civil Procedure waives authorization. If there is a prohibition, record the objection and ask for reasons.

Question: what to do if the official recording has gaps? Ask for a new copy, report the gaps in writing and, if necessary, ask for the hearing to be considered unrecorded for purposes of the minutes.

Know your rights: Labor rights guide