• It is an anonymous work or pseudonymous work and 70 years have passed since the date of its publication (or creation, whatever date is the latest)
• It is a cinematographic work and 70 years have passed since the date of its publication
• It is work not published for 70 years after creation, and 70 years have passed since the date of its publication
• It is a work published by a government body and 25 years have passed since the date of its creation
• It is another kind of work, and 70 years have passed since the year of death of the author (or last-surviving author)
• It is one of "constitutions, laws, decrees, municipal decisions, regulations and other public instruments"

OR

• It is a work produced by a public official in the performance of their duties, in accordance with Article 18 of the Law Nº 10554 - Framework Law on Access to Public Information, enacted October 23, 2024.