Fraudulent Medical Certificates and Their Implications in the Workplace
In recent years, the media has increasingly highlighted the issue of the issuance and use of fraudulent medical certificates, often tied to fraudulent schemes responsible for producing thousands of documents with fictitious diagnoses, in addition to the recurrent use of AI.
Ergon Cugler, a CNPq researcher at the Laboratory for the Study of Informational Disorder and Public Policy (DesinfoPop/CEAPG/FGV), conducted a survey indicating that the number of advertisements for counterfeit medications and medical documents on Telegram has increased more than twentyfold since 2018—from 686 to more than 15,000 annual postings in Brazil¹.
This scenario has a tangible impact on labor relations, as the primary users of such documents are employees. Frequently, these certificates go undetected by employers.
A fraudulent medical certificate, beyond being unlawful and subject to both criminal and labor sanctions, directly disrupts business operations. The impact is cascading: fewer employees available for work, higher overtime expenses, greater exposure to employment-related liabilities, increased internal management and organizational costs, and an unnecessary burden on the remaining workforce.
Given this reality, it is essential that employers remain vigilant regarding the formal validity requirements of medical certificates, in order to prevent irregularities and safeguard legal certainty in employment relations.
For a certificate to be deemed valid, it must include: (i) identification of the patient; (ii) identification and signature of the physician, along with the physician’s registration number with the medical board; and (iii) the prescribed period of leave, free of erasures or inconsistencies.
The challenge is that this preliminary assessment is only the baseline, as fraudulent schemes have become increasingly sophisticated, thereby requiring employers to conduct more thorough investigations, utilize technological tools, and maintain continuous updates.
We know that investigations can be time-consuming, and at FAS, as an alternative, we support clients in their daily review and verification processes. More importantly, we train HR or the internal team responsible on how to conduct more efficient and expeditious investigations.
The authenticity of medical certificates can always be verified and may be challenged in cases of suspicion. Only through such effective evaluation can an employer justify termination for cause based on dishonesty, in accordance with Article 482, item “a,” of the Brazilian Consolidation of Labor Laws (CLT).
Furthermore, beyond labor sanctions, the act of forging or using a fraudulent medical document carries criminal consequences. The Brazilian Penal Code classifies this conduct as the crime of document forgery, subject to imprisonment from one to six years and a fine, applicable both to the professional who issues the certificate and to the employee who makes use of the falsified document.
Given the significance of this issue and its impact on operations, it is crucial to adopt clear verification policies, investing in internal control and guidance procedures, as well as training the team, in order to preserve the integrity of employment relations and maintain a corporate environment founded on trust and transparency.
FAS Advogados remains available to provide further clarification and to assist in the adoption of preventive measures, as well as in the proper handling of situations related to this matter.
¹ https://g1.globo.com/saude/noticia/2025/08/16/remedios-receitas-e-atestados-medicos-falsos-viram-negocio-nas-redes-sociais-plataformas-lucram-com-anuncios.ghtml
