CIVIL LIABILITY OF FUNERAL HOMES IN CASES OF LOSS OR EXCHANGE OF BODIES: ANALYSIS IN LIGHT OF THE BRAZILIAN CIVIL CODE AND JURISPRUDENCE

Abstract

This article analyzes the civil liability of funeral homes in cases involving the loss or exchange of bodies, in light of the Brazilian Civil Code, Consumer Defense Code, and Brazilian jurisprudence. The study aims to understand how the Brazilian legal system holds funeral companies accountable for failures in service provision that directly affect human dignity and the right to dignified mourning. The methodology adopted is qualitative, exploratory, and bibliographic, including doctrinal, legislative, and jurisprudential analysis, especially decisions from the Superior Court of Justice and state courts between 2000 and 2025. The research demonstrated that the civil liability of funeral homes is predominantly objective, based on article 14 of the Consumer Defense Code, with moral damages frequently recognized under the in re ipsa doctrine. It is concluded that Brazilian jurisprudence has expanded the protection of victims’ families by recognizing the seriousness of funeral service failures and attributing compensatory, punitive, and pedagogical functions to indemnification.