Spices are products consumed all over the world due to their organoleptic attributes that gives flavor to the prepared foods, however, during drying, they remain for a long time in contact with the soil, which leads to microbial contamination. Fungi are the main micro-organisms capable to growing in these products, promoting their deterioration and producing mycotoxins. The objective of this study was to evaluate the presence of toxigenic fungi and mycotoxins in spices marketed in Brazil. A total of 112 samples of spices were analyzed. Fungal contamination was accessed by direct plating for samples of clove, black and white peppers. Spread plate method was used for samples of rosemary, cinnamon, fennel, pepperoni pepper and oregano. Analyses were performed in triplicate in DG18 media with incubation at 25 °C for 7 days. The isolation and identification of fungi followed specific recommendations of culture media and incubation period for each genus. The presence of aflatoxins and ochratoxin A was verified by high-performance liquid chromatography (HPLC) coupled with fluorescence detection. The frequency of species potentially toxigenic was high in white and black peppers with presence of both aflatoxigenic and ochratoxigenic fungi. Only rosemary and fennel were contaminated with aflatoxin B1 (AFB1) and there was a positive correlation (p<0,01) between the contamination with Aspergillus flavus and the presence of AFB1. Even in the presence of ochratoxigenic fungi, ochratoxin A was not detected in the samples evaluated. The presence of natural components with antimicrobial activity could justify the low frequency of these metabolites, even in the presence of known toxigenic fungi in the samples. Mycotoxins were not detected in the spices covered by Brazilian regulation of mycotoxins. In the other hand, these contaminants were present in other spices consumed by population and not mentioned in this regulation.