Investigation authorities can request access to location data via phone or e-mail directly to the telecommunications operators.
The Commission on Science and Technology of the Brazilian Lower House discussed on April 1st Bill nº 6726/2010, which grants authorities access to mobile location data without court order.
The proposal originally introduced by Rep. Arnaldo Faria de Sá ( PTB- SP ) and now under a substitute text elaborated by prior rapporteur Rep. Efraim Filho provides that police authorities may request the location data directly to mobile telecommunications operators , “orally or by electronic message”. The time for collect and access the information is also subject to the police authority discretion. The operator must submit the information within two hours, under fine from up to R$50,000.
Article 2 Police authority may request, orally or by electronic message, directly to the telecommunications operator of mobile services, the location of the cellular phone in any of following cases:
I – restriction of an individual liberty or imminent risk to life
II – missing person;
III – criminal investigation where the evidence of materiality or authorship of a criminal offense in progress depends on the immediate knowledge of the location of the offender or similar information.
§ 1º The access request shall inform the nature of the matter under investigation and the police investigation protocol’s number, or in cases of urgency, the record number of the police report.
§ 2º The operator of mobile telecommunications services shall provide the police authority the information requested in within two hours.
§ 3º The police authority shall appoint a responsible for the verbal request and for receiving the location data to the operator of mobile telecommunications services with their means of contact as well as establish the rules of procedure for request control.
§ 4º The operator of mobile telecommunications services shall maintain technical channels for receiving oral requests and providing information to the police authority.
§ 5º The telecommunication operator shall forward to the Public Prosecutor and to the police control departments, every 15 days, extract of received requests, indicating the number of the cellular line object of data location request, the name of the respective user, if known, the name of the requesting police authority, the number of the police investigation’s protocol or the police report and if is the case, the reason for noncompliance.
Article 6 The requested information shall be provided by the telecommunication operator until the authority inform the request is no longer needed:
I – in the case established by art. 2, in order to obtain real-time location;
II – when it comes to history of data location at intervals of not less than twenty-four hours, when longer interval is not requested by the police authority.
The Government, police authorities, Public Prosecutor and the National Telecommunications Agency (Anatel) agreed unanimously with the passing of the Bill, alleging its importance for criminal investigations. The Bill is seen as a qualified extension of the provision established today by the National Telecommunications Agency in its Act nº 627/2013, which states the forwarding of the location data of any terminal dialing the emergency numbers. This provision was discussed as an emergency control strategy for big events, such as the 2014 Fifa World Cup.
Brazilian Supreme Court has declared the unconstitutionality of two very similar state laws, from Rondônia and Minas Gerais States.
Both direct act of unconstitutionality were presented before Brazilian Supreme Court by the Brazilian Association of Telecommunications Operators (Telcomp) – ADI 4.739/DF and ADI 4.401/MG.
The State Laws were both formal  and materially unconstitutional; nevertheless, the Supreme Court only declared the formal unconstitutionality, declaring it sufficient to invalidate both laws. Accordingly to Judge Marco Aurélio Mello on the ADI 4.739/DF:
The practice certainly affects the privacy of customers and, according to the text, without a warrant. If you want to prevent access, the user will have to formalize express declaration, which will lead to the reduction of privacy of thousands of users due to a possible inertia. I let this subject out of my further analysis, in view of the formal manifest of unconstitutionality of the act in question.
Brazilian Supreme Court avoided the analysis of the privacy violations of access to location data without a warrant, but this unconstitutionality and unbalance between protection of fundamental rights and criminal prosecution can not be set aside in the proposed bill.
 The Brazilian Constitution states only Federal Law can address provisions of telecommunications services.
 Brazilian Constitution on Privacy:
Article 5. All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the right to life, to liberty, to equality, to security and to property, on the following terms:(…)
X – the privacy, private life, honour and image of persons are inviolable, and the right to compensation for property or moral damages resulting from their violation is ensured;
XII – the secrecy of correspondence and of telegraphic, data and telephone communications is inviolable, except, in the latter case, by court order, in the cases and in the manner prescribed by law for the purposes of criminal investigation or criminal procedural finding of facts.
 Full text of the Bill can be found here in portuguese.