The legality of psychoanalysis in Brazil and the work of the psychoanalyst
Misinformation within the field of psychoanalysis itself
Psychoanalytic practice in Brazil is still wrapped in a cloak of misinformation and opaque institutional interests. More curious, and at the same time more worrying, is that this confusion often comes from where one would least expect it: from the schools and societies of psychoanalysis themselves.
These institutions, which should promote freedom of training and the ethics of listening, frequently act as if they were professional councils, creating their own rules and trying to legislate over a field that, legally, is free.
What the law says about the legality of psychoanalysis
The legality of psychoanalysis in Brazil is unquestionable. The profession of psychoanalyst is recognized as a lawful activity by the Classificação Brasileira de Ocupações (CBO) — the Brazilian Classification of Occupations — under code 2515-50.
Portaria nº 397, of October 9, 2002 (a ministerial ordinance), which establishes the CBO, makes clear the recognition of psychoanalysis as a legitimate occupation. This alone already answers the question: who can be a psychoanalyst? Anyone who seeks ethical and appropriate training can practice, provided they respect the legal foundations and commit to the practice of clinical listening.
The illusion of regulation and the interests behind it
Many training centers present themselves as holders of the truth about what is or is not “a true training,” and in doing so perpetuate a series of impositions that have no support in any legislation.
One of the most controversial points concerns the so-called psychoanalytic tripod: theoretical study, personal analysis and clinical supervision. This model, although historically relevant, has been treated by several schools as an unquestionable imposition.
Is psychoanalysis regulated? No. And that changes everything.
Something essential needs to be made clear: psychoanalysis is not regulated in Brazil. Therefore, there is no law requiring this model for the training or practice of the psychoanalyst.
What’s more: by making additional services such as personal analysis or clinical supervision with internal members of the institution itself mandatory, many schools engage in tying (conditional sale), prohibited by Art. 39, item I of the Código de Defesa do Consumidor (Brazilian Consumer Protection Code, Law 8.078/90):
“The supplier of products or services is prohibited from conditioning the supply of one product or service on the supply of another.”
The ethical and legal proposal of Academia Enlevo
At Academia Enlevo, this practice is firmly opposed. The school understands that the legality of psychoanalysis lies not only in the letter of the law, but also in the way the training of new professionals is conducted.
Enlevo offers a clear, ethical and legally secure teaching structure, based on the Método Alma Enlevo. Instead of imposing closed, standardized rites, the method proposes a training with soul: critical, sensitive and conscious.
Does length of training guarantee quality?
Making the tripod mandatory, sold as a criterion of excellence, does not withstand logical analysis, nor the legality of psychoanalysis. Does requiring a minimum length of time or a certain number of personal analysis sessions guarantee ethics? Listening? Clinical skill?
The answer is: no. What forms a psychoanalyst is commitment to listening, to symbolic elaboration and to the ethics of presence — not the length of the course itself.
Psychoanalysis and mental health: ethics without regulation
Another common argument is that the psychoanalyst “will deal with people’s mental health” and therefore would need a long, controlled training. But this ignores the fact that ethics and length of training are not synonyms.
Enlevo understands that time is not the determining factor, but rather the depth of the formative experience. And the experience is only deep when it is traversed by authenticity, freedom and ethics.
Who can be a psychoanalyst?
If psychoanalysis were regulated, there would be legal criteria. But since it is not, it is not up to any school to create its own legal requirements. Who can be a psychoanalyst? Anyone with:
Completed secondary education (high school)
A desire to listen and to help in depth
Ethical commitment
Serious, structured and responsible training
The Constitution itself guarantees the right to practice. And the legality of psychoanalysis cannot be distorted to serve interests of institutional control.
Training with responsibility: the Academia Enlevo proposal
Academia Enlevo, unlike several schools that promote repetition and ritual, delivers training based on real clinical experience and critical thinking. The Método Alma Enlevo offers:
A modular structure based on classical and contemporary theory
Supervised practice with freedom of choice
Ongoing ethical and legal support
Respect for the legality of psychoanalysis as an autonomous activity
It is not about imposing a standardized journey, but about accompanying the student in building their listening, their ethics and their responsibility as a psychoanalyst.
Enlevo understands that the legality of psychoanalysis requires legal clarity, but it also requires human commitment. That is why each stage of the training is designed so that the student understands the complexity of human suffering, learns to listen to it with presence, and builds an ethical, authentic and clinical path.
Clinical practice and responsible listening
Many people ask: is psychoanalysis regulated or not? And the answer remains: it is not. And that is not a problem, but a freedom. As long as this freedom comes with responsibility and preparation.
In clinical practice, the trained psychoanalyst works in:
Private practices (in person or online)
Social projects, therapeutic spaces or institutions
Short-, medium- or long-term individual follow-up
The absence of a council does not mean the absence of ethics. It means that ethics must be built through training, not imposed from outside. Enlevo fulfills this role with excellence and commitment.
The truth about who can be a psychoanalyst
Beyond biased discourses, what really defines who can be a psychoanalyst is the following:
Having completed secondary education (high school)
Seeking clinical training with ethics and depth
Understanding listening as a tool for transformation
Taking on the commitment to the suffering of others with responsibility
It is not necessary to have a degree in psychology, medicine or any other undergraduate program. The practice of psychoanalysis is free, supported by the CBO and by the Constitution. What is required is preparation, and that is only achieved through serious training — not through impositions.
The market and the natural selection of professionals
Another common criticism is that, because there is no regulation, anyone can work as a psychoanalyst — which would pose risks to the population. But this ignores a crucial factor: the market itself regulates the quality of the professional.
The patient who is not well received, who feels disrespected, or who perceives clinical incompetence, simply does not come back. The quality of listening, presence and the therapeutic bond is what ensures the professional stays in clinical practice — not the length of the course or the name of the school.
Those who act with ethics, preparation and commitment are naturally valued. Those who do not understand the depth of psychoanalysis, or who reduce it to empty technique, do not prosper.
Conclusion: freedom as the basis of the legality of psychoanalysis
The legality of psychoanalysis in Brazil is a legal and constitutional fact. The attempt to turn it into a restricted, bureaucratic and monopolized field finds no support in the law — nor does it serve its essence.
Psychoanalysis is not regulated, and this allows it to remain alive, critical, questioning and deeply human. But this freedom demands responsibility. And that is exactly what Academia Enlevo delivers: a free, legal and transformative training.
If you are seeking to become a psychoanalyst, the question you should ask is not “which course is the longest?” or “which school has the most rules?”, but rather:
Which school respects my freedom as a subject in training?
Which training allows me to think, listen and feel truthfully?
Which institution trains psychoanalysts with soul — and not just with technique?
The answer is clear: Enlevo trains psychoanalysts with soul.
Call to action: begin your training with truth and awareness
Do you want to practice a profession with a legal basis, ethical freedom and real impact on people’s lives?
Discover the psychoanalysis training at Academia Enlevo.
Visit now:
www.academiaenlevo.com.br/curso-de-psicanalise
Talk to a consultant and clear up your questions about the clinical training based on the Método Alma Enlevo.
Reference: A Psicanálise e Sua Legalidade (Psychoanalysis and Its Legality), Prof. Me. Ulisses Jadanhi, 2023
