Foreign flags in Brazil: the rule in article 33

Brazil has one of the clearest rules in the world on foreign flags. Under article 33 of Law 5,700 of 1 September 1971, no flag of another nation may be used in the country unless the national flag is on its right, of equal size and in a prominent position, except at the seats of diplomatic or consular missions. This guide explains what the rule means for businesses, clubs, hotels, schools and private persons.

What article 33 says

The rule has three elements:

• on its right: the national flag stands to the right of the foreign flag. Under the sole paragraph of article 19, the right is that of a person standing by the flags and facing the public; for someone looking from the front, the Brazilian flag is on the left;
• of equal size: the two flags have the same dimensions;
• in a prominent position: the national flag takes a position of prominence, which links to the place of honour in article 19.

The law does not distinguish between official and private use, and the only express exception is the seats of diplomatic or consular missions, where the country represented flies its flag according to its own rules.

Several foreign flags

When there are several flags of other countries, as at an international conference, a hotel or a multinational company, the place of honour in article 19 applies: the national flag is in the central position or the one nearest the centre and to its right, in a line of poles, panóplias or similar arrangements. The foreign flags are placed around it, each of the same size as the Brazilian one. The law does not set the order of the foreign flags among themselves. The guide to flag protocol shows how the place of honour works.

When the flags are raised together, the national flag is the first to reach the top and the last to come down (article 16).

Businesses and hotels

For a foreign company based in Brazil, the rule in article 33 means that the flag of its country of origin flies with the national flag beside it, of equal size. The same applies to hotels that fly the flags of their guests’ countries or to sporting events. A corporate flag, with a company’s logo, is not a national flag; the municipal rules on advertising that may apply to it are in the guide to flagpoles for businesses.

Embassies and consulates

The seats of foreign diplomatic and consular missions in Brazil fly their country’s flag without the national flag beside it. On the Brazilian side, under article 13(VIII) of the law, the flag is raised daily at Brazil’s diplomatic missions, delegations to international organisations and career consular offices, in keeping with the local customs of the host countries. Under article 18(V), Brazilian missions follow mourning according to the rules and customs of the country in which they are located.

Foreign anthems

At ceremonies where a foreign national anthem is performed, it comes before the Brazilian national anthem, as a courtesy (article 25(4) of the law and the sole paragraph of article 20 of Decree 70,274).

The death of a foreign head of state

When the head of state of a country represented in Brazil dies, the President of the Republic may decree official mourning, as in 2025 for Pope Francis, head of state of the Holy See. Under article 89(5) of Decree 70,274, the Brazilian diplomatic mission in the country of the deceased may fly the flag at half-mast without waiting for the official notice. More information in the guide on official mourning.

Mercosur

The Mercosur flag has a place of its own: since Law 12,157 of 23 December 2009, it has been raised daily with the national flag at the Presidential Palace, the ministries, Congress, the higher courts, the seats of the state governments, town halls and municipal councils and the other places in article 13. The guide to flag types presents the other flags used in the country.