MOURNING IN OTHER PHASES: THE LAWS, THE RITES, AND THE PROCESS

Abstract

Death is a plural concept, a complex phenomenon. The perspective of death adopted in this work is that of human biological death. This research is bibliographical, with a qualitative approach, whose central objectives were to understand the laws surrounding death and dying, identify the different manifestations of wakes, and analyze the process of coping with loss. The study sought to understand how the State, culture, and grief in development act. Indeed, this research is justified by the scarcity of works that address this theme as a whole. The research was based on the following authors: Foucault, M. (1988), Worden, J. W. (2013), Kübler-Roass, E. (1996), Simonetti, A. (2016), Freud, S. (1917), and took as reference the Federal Constitution of Brazil (1988), Penal Code (1940), Code of Criminal Procedure (1941), and other laws related to burial. Therefore, it can be inferred that the 1988 Brazilian Federal Constitution, by considering life a Fundamental Right in its Article 5, authorizes the creation of other legal provisions that fall within the scope of this guarantee, prohibiting the death penalty and the burial of bodies without state supervision. Because it is secular, the same Constitution allows for a plurality of expressions and cults dedicated to loved ones. Ultimately, mourning is an undesirable but necessary process that gradually allows life to follow its course.