Funeral law

who is responsible for deciding the destination of the remains

Abstract

There is a gap in Brazilian legal system about the decision on the destination of the “de cujus” remains when there is no written will. Thus, this article seeks to answer the following question: “in the absence of specific legal provision in Brazil, the destination of the remains of the “de cujus” should be analyzed by succession, or property law?” As a general objective, this article aims to analyze who should be held responsible for deciding on the destination of the remains of the deceased according to the theses of succession and property law focusing on funeral law. For this purpose, the specific objectives are the followings: to list the rights of the “de cujus”, to present the main legal establishments of the succession and property law, to establish links between the line of succession and/or property law regarding whom should be responsible of decision about the destination of the mortal remains of the “de cujus”. The present research is documentary and indirect and its method is dialectical. In conclusion it is clear that the affectivity is determinative for the decision making regarding the destination of the remains when there is no written will of the “de cujus”.