Campos Novos ordered to pay damages after incorrect burial

The Court of Justice of Santa Catarina (TJSC) has ordered the municipality of Campos Novos to pay R$ 10,000 in moral damages after an unrelated individual was buried in a family's private plot within a public cemetery.

The 4th Public Law Chamber ruled that the municipality failed in its duty to supervise and organize the cemetery. The incorrect burial occurred because the administration authorized the interment based solely on a verbal request from a relative of the deceased, without verifying ownership documents or having a public official present to oversee the procedure.

While the physical removal of the remains had been previously settled through an agreement, the court determined that the emotional distress caused by the violation of the family tomb constituted moral damage. The court noted that the presence of an unrelated body in a family grave affects the peace and sentimental memory of the relatives. The request for material damages was dismissed.