When a Loved One Dies in Brazil: Wrongful Death and Repatriation for Foreign Families
Losing a family member abroad is overwhelming, and Brazil’s procedures can feel impossible to navigate from another country and in another language. This page walks through the two things families ask us about first: how to bring your loved one home, and whether you can hold someone responsible.
Reviewed by Luciano Oliveira, Esq., LL.M — licensed in Brazil, Texas, and California. Last reviewed June 2026.
This page is general information, not legal advice, and it cannot tell you what to do in your specific situation. For that, speak with a licensed Brazilian attorney who can review the facts.
What to do first when a foreign family member dies in Brazil
The immediate steps usually run in this order: local authorities are notified; if the death was violent, accidental, or unexplained, the body goes to the Instituto Médico Legal (IML) for a mandatory autopsy; a Brazilian death certificate (certidão de óbito) is issued after the death is registered; and your country’s consulate is notified, which for US citizens issues a Consular Report of Death of a U.S. Citizen Abroad (used to settle estate and insurance matters back home). Two early cautions: order several certified copies of every document, and do not sign any release or settlement before you understand what happened.
Bringing your loved one home: repatriation
Repatriation is a documents-and-logistics process, and a required autopsy can add time. For a body (not ashes), Brazilian authorities generally require:
- the death certificate (certidão de óbito);
- a consular mortuary certificate from your embassy or consulate;
- an embalming certificate;
- a transport document from the Civil Police; and
- authorization from the Federal Police to ship the remains out of the country.
The casket must be a sealed, zinc-lined coffin within a wooden coffin (an ANVISA health rule), and the Brazilian death certificate must be apostilled and accompanied by a sworn translation to be used at home. Once the paperwork is complete, shipment is often a matter of one to three weeks. Costs vary widely, commonly in the range of several thousand to USD 20,000 or more, while cremation in Brazil is considerably cheaper. Importantly, the US government does not pay these costs; they fall on the family or estate, though the consulate can help transmit funds and provide lists of funeral homes and lawyers.
Can the family bring a wrongful-death claim in Brazil?
Yes, where someone’s fault or a defective product or service caused the death. Brazilian law allows close family — typically the spouse or partner, children, and parents — to claim. Recovery can include funeral expenses, a support pension (pensão) for those who depended on the deceased financially, and moral damages for the family’s loss. A dependent’s pension is often set at around two-thirds of the deceased’s income and can run for years, but, as with all Brazilian claims, moral-damage amounts are modest compared with what US families expect.
When the death was someone’s fault: the criminal and civil sides
If the death involved a crime or clear fault, a criminal case and a civil compensation claim run on largely independent tracks. A criminal conviction can make the civil claim much easier, because the fact and who caused it can no longer be disputed, and the family can usually pursue the civil claim without waiting for the criminal case to finish. And when the facts must be established in the criminal case first, the civil deadline does not even start to run until the criminal judgment is final, which can protect families who wait. That does not apply to every case, though, so never assume your deadline is paused.
Which wrongful-death cases are worth pursuing
The hardest truth is about collectibility. A claim against an individual with no assets and no insurance rarely justifies the cost and years involved, however tragic the loss. The cases that work reach an institutional or insured defendant — a transport company, a tour operator, a hospital, an employer, or an insurer — that can actually satisfy a judgment.
The points above are general orientation, not a verdict on your case. Only a licensed Brazilian attorney can assess viability after reviewing the facts.
How we help families from abroad
You do not need to travel to Brazil. With a power of attorney we can manage both the repatriation paperwork and any claim, coordinate with the IML, police, and your consulate, and keep you informed in plain English. As with any Brazilian claim, documents from your country must be apostilled and officially translated, the family funds the case as it proceeds (Brazil does not use pure US-style contingency), and any court-awarded attorney fees go to the lawyers rather than to you. We have guided many foreign families through exactly this, and we know how to move carefully when a family is grieving.
Talk to us
If you have lost a family member in Brazil, a consultation lets us review the situation, help you bring your loved one home, and tell you honestly whether there is a claim worth pursuing.
Book a consultation with a Brazilian attorney
Please don’t act, or decide not to act, based on this article. It is general information, not legal advice, creates no attorney–client relationship, and whether your family has a viable claim depends entirely on the specific facts, which only a licensed Brazilian attorney can assess.
Frequently asked questions
How much does it cost to bring a body home from Brazil?
It varies widely, commonly several thousand to USD 20,000 or more depending on route, casket, and documents; cremation is cheaper. The family or estate bears the cost.
Who can bring a wrongful-death claim in Brazil?
Generally the close family — spouse or partner, children, and parents — who can claim financial support and moral damages.
Do we have to come to Brazil?
No. With a power of attorney we handle both the repatriation and any claim on your behalf.
How long do we have to file a claim?
Often three years, sometimes five for consumer-related deaths, and the clock can pause while a criminal case is pending, but treat time as critical and seek advice early.
Related: Personal Injury in Brazil for Foreign Citizens · How Lawsuits Work in Brazil · How Much Does a Lawsuit Cost in Brazil · Traffic Accidents in Brazil