The Carnival celebration is just around the corner, with millions of Brazilians preparing for parades, parties, and festivities. Scheduled for March 4, 2025, the holiday season prompts inevitable questions: Is Carnival truly considered a holiday, or merely optional leave?
It may come as surprise to many, but contrary to popular belief, Carnival is not recognized as a national holiday throughout Brazil. Instead, the government classifies Carnival—along with certain periods of the subsequent week—as optional leave (ponto facultativo). This invites varied interpretations depending on local, state, and company stipulations across the country.
Wadih Habib, an attorney specializing in labor law, explained, “A partir de 1981, além da segunda e da terça-feira de Carnaval, será também suspenso o expediente nas repartições públicas estaduais na sexta-feira que anterior àquela festividade.” This means companies and municipalities have the discretion to treat the days surrounding Carnival as either holidays or optional leave according to regional legal frameworks.
The Brazilian law concerning holidays is codified under Law No. 9,093 from September 12, 1995. This law specifies which federal holidays are officially recognized, determining how states and municipalities may establish additional local holidays or points facultativos. While Carnival effectively sits outside of this legislative framework as an official holiday, it allows local governments and organizations the authority to decide the observance of this important cultural event.
Regions like Salvador have their own practices; according to local guidelines, Carnival Monday and Tuesday are considered optional. Simone Oliveira, who works at a mining company, expressed her surprise upon learning this: “Oxe! A terça-feira não é feriado? Companies I've worked at always gave it off. I thought we had it off this year as well.” She highlighted how this aspect leads to confusion for employees expecting automatic holiday time off.
While some companies could opt to allow employees the day off, it is not guaranteed. For businesses, the classification does not obligate them to provide holiday pay as one would expect on officially recognized holidays. Instead, work throughout Carnival may mean employees will be compensated by company policy or potentially face deductions if they miss work without valid justification.
Conversely, Mato Grosso do Sul also follows this paradigm—even though the city may have certain celebrations, the holiday categorization remains unclear. The Cámara dos Dirigentes Lojistas de Campo Grande stated giving employees time off during this festive period remains entirely at the discretion of the organization. Some businesses may choose to compensate for hours or extend the holiday based on collective agreements.
Adding urgency to the situation, the attorney, Habib, warns, “Como a data não está inserida no calendário de feriados o empregador pode exigir o trabalho por parte dos seus empregados.” Essentially, since Carnival isn’t formally recognized by law, employers retain the right to require employees to be present for work and enforce any applicable penalties for non-compliance.
Anxiety surrounding these classifications sparked revelations from employees across Brazil who had holiday plans hinged upon the presumed days off. “Muita gente acredita que o Carnaval é feriado nacional, contudo não é, na realidade trata-se de ponto facultativo,” stated Habib, shedding light on popular misconceptions surrounding this highly anticipated event. Nonetheless, individual companies could provide flexibility based on internal guidelines or negotiated agreements.
The situation deepens with concern for non-compliance penalties looming over employees. “Caso o empregado se recuse a trabalhar sem justificativa legal, terão os dias descontados do salário, podendo ainda receber advertência do empregador,” Habib cautions. This underlines the fundamental importance of being well-informed about company policies, as well as national and local regulations.
Those expecting long breaks or festive celebrations must prepare for potential surprises. Anyone wishing to secure time off should proactively check with employers, as every organization may have its approach to honoring the Carnival season.
To conclude, enjoying Carnival time requires diligence not only about festivities but also about workers' rights or lack thereof. Keep informed, seek clarity from employer communications, and navigate within the laws of the land to effectively partake and enjoy Carnival 2025!