The city of São Paulo was ordered to compensate six people for moral damages after losing the remains of a family member buried in a municipal cemetery. The value of the repairs was set at R$8,000 each.
In addition to the compensation, the 5th Public Law Chamber of the São Paulo Justice Court determined that the current concessionaire of the cemetery – which was previously managed by the city hall – would carry out the exhumation necessary for the genetic identification of the body.
According to the process, family members attempted to exhume the grandmother’s body four years after her death, but the conditions were not right and they were told to wait another four years.
When they returned, they discovered that the deceased was no longer identified. One cemetery employee reported that the remains had been placed in the ossuary, while another said it would not be possible to locate the remains because the grave had been deepened and a new burial had been made.
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During the vote, Judge Fermino Magnani said it is the institutional duty of public entities to take care of those they administer and, in this case, to inform family members of any changes.
“The family found themselves frustrated because, despite all the efforts they had made to try to preserve the memory of their loved one, in accordance with their beliefs and convictions, they were surprised by the news that perhaps the remains were lost forever,” he said.
“In these terms, taking into account the absolute negligence, the ethical and humanitarian disregard for the most sublime affections and pains of others, the lack of administrative control regarding the identification of the mortal remains, the civil liability of the municipality for moral damages is obvious,” he wrote.