Guidance

Brazil - Bereavement information

Updated 23 November 2023

1. Disclaimer

This information is not meant to be definitive, nor is it to be taken as a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage or expense that you might suffer as a result of relying on the information. Some of the information may not be relevant to your circumstances. The language used is intended to be general and factual and is not meant to cause offence.

2. Brazil: bereavement information

3. Introduction

When a relative or friend dies abroad, the different procedures, laws or language can cause additional distress. You may be uncertain about what to do or who to contact.

This Brazil-specific information is designed to help you through some of the practical arrangements you may need to make. It supplements the general information on death abroad produced by the Foreign, Commonwealth & Development Office (FCDO), which applies to all countries.

Please note, as each country has its own laws and customs when a death occurs, it may not be possible to make the arrangements that you prefer, or at the time you would like.

The official language in Brazil is Portuguese and government employees usually don’t speak English or Spanish. If necessary, you can ask someone you know to help you translate or you can hire an interpreter or an English-speaking lawyer.

4. How to contact the Foreign, Commonwealth & Development Office 

There is a lot of information below, but you may have questions. You can speak to someone by phone 24/7, any day of the year by contacting the Foreign, Commonwealth & Development Office in London on 0207 008 5000

If you are not in the UK, you can find the contact details of the nearest British embassy, high commission or consulate.

The priority of the FCDO is to provide assistance to British nationals overseas who need the most help. The level and type of assistance they can offer is tailored to the individual circumstances of each case.

5. Next of kin

The next of kin of the person who died will usually need to make decisions and practical arrangements. The next of kin can sometimes appoint another person to act on their behalf. If the appointed person is not an immediate family member, they will need a Power of Attorney (Procuração). A private lawyer can often help in these circumstances.

If you are not the next of kin, they will need to be informed. If required, the FCDO can help you do this.

There is no legal definition of next of kin in the UK. Please note that if there is a disagreement over who is the next of kin, or the person who died did not choose a next of kin, this can cause additional complications.

Brazil doesn’t have a specific law that establishes formal hierarchy of next of kin in case of death.  The determination depends on family ties or existing legal documentation such as wills.

Usually, under local law and practise, the next of kin is the closest family member. If married, the spouse. If the person was single, it will probably be the parents or children. Nephews/Nieces are not considered immediate family and need a power of attorney (Procuração) to act on behalf of the deceased. Local authorities are responsible for determining the next of kin in cases of disputes.

Authorities or hospitals will try to contact a family member. If not possible and the person is identified as British citizen, they will often try to contact the Consulate.

Same sex partners or spouses are recognised under local law as next of kin.

5.1 Release of information to next of kin

The Foreign, Commonwealth & Development Office will try to obtain as much information as possible after your relative or friend has died abroad. Some of this may be only available to next of kin. Consular officers may be able to obtain this themselves, or they may put you in touch directly with the authorities overseas. They may be able to provide you with details of others who can advocate on your behalf such as lawyers, charities, or other organisations.

Family members should be able to present supporting documentation as evidence of family ties with the deceased. Please note that these documents might need to be sworn translated and legalised. Once a next of kin is formally established, all necessary information should be released to the person responsible.

The funeral director will usually keep the family informed of any developments.

Local authorities may not be able to make international calls to inform the next of kin in the UK. An authority’s ability/willingness to make international calls will vary greatly depending on location in Brazil and its resources. Major cities are more likely to be able to make international calls than smaller cities or towns. Local undertakers hired by funeral directors will be in direct contact with the local authorities for information.

Usually, authorities won’t withhold information from the family, however some rare exceptions may apply in case of suspicious death due to local legal restrictions.

6. Insurance

It is very important to check if the person who died had insurance. If they had insurance, contact the insurance company as soon as possible. They may have a list of approved funeral directors to help you make arrangements or be able to cover some of the costs.

If there is an insurance policy in place, the UK insurance company will instruct the local undertaker and will co-ordinate the relevant payment. We can monitor the relevant arrangements if necessary. Please do not make any arrangements with local undertakers without prior approval from the insurance company.

If the person who died did not have insurance, the next of kin will usually have to appoint a funeral director and will usually be responsible for all costs. The Foreign, Commonwealth & Development Office cannot help with these costs.

7. Appointing a funeral director

If you decide to bring the deceased to the UK for the funeral or cremation, you may only need to appoint an international funeral director. The Foreign, Commonwealth & Development Office produces a list of international funeral directors based in the UK.

If you decide to hold a funeral or cremation in Brazil, you can find a list of funeral directors in Brazil.

It is essential that a funeral director is appointed as soon as possible, since they will be responsible for all the logistics and paperwork necessary for cremation/burial and eventual repatriation of remains.

If you miss any deadlines imposed by the local authorities, legal action will be required to resolve the situation, which can take up to several months to resolve. Please consider hiring a legal advisor in these cases.

8. Declaration of death

The declaration of death (Atestado/Declaração de Óbito) is usually issued by the doctor in attendance.

If a natural death occurred outside of a hospital, it is the funeral director’s responsibility to have the person transported to the nearest hospital or Death Verification Service (SVO – Serviço de verificação de óbito) in order to have the declaration of death issued by a doctor.

If death occurred outside of hospital as a result of a violent nature, accident, or unknown reason, the person needs to be transported by ambulance to the Forensic Institute (IML – Instituto Médico Legal). In these cases, a forensic report will be issued after the Post Mortem is carried out.

Once you have the Declaration of death, you will be able to apply for the Death Certificate (details below), which is the national standard document in Brazil.

9. Post mortem examinations (autopsies)

Under Brazilian law, an autopsy is obligatory if a person dies from a violent or sudden incident or outside of a hospital. The judicial police pathologists are responsible for carrying out autopsies. If a person dies in hospital or from an illness lasting more than 24 hours, an autopsy is not obligatory. The family won’t be charged as it is a public service.

In the event of death, the Pathologist conducting the Post Mortem may remove human tissue, organs or part of the deceased’s remains for analysis, without family consent.

Morgues usually remove only small parts of organs for analysis, but depending on the region in Brazil, especially in smaller towns and in the countryside, organs can be retained for further analysis and buried locally afterwards if the family does not request their return.

If organs were suspected to be infected with a contagious disease, then they would usually be incinerated.

Any autopsy report will be made available to the family in Portuguese. The result of the autopsy can take up to a few weeks, but this deadline can vary depending on the location.

10. Termination of life support

Patients with suspicions of cerebral death or other types of terminal conditions will be observed and examined for six hours in order to confirm the diagnosis. Once confirmed, the medical team will communicate the family that life support will be terminated and will offer the possibility or organ donation. Once the family agrees on a timeline for the following procedures, life support will be terminated and the death will be declared. This process is known as “orthotanasia”. The FCDO can assist in facilitating the communication between the next of kin and the medical team.

Euthanasia and medical assisted suicide is illegal in Brazil.

11. Process for organ donation:

If the organ donor’s death is confirmed by a medical team, an interview with the family will usually take place to better understand the deceased person’s history and authorise any possible extraction of the deceased’s organs. A second opinion from a physician from a different medical institution is also required to establish the cerebral death, and this might add a few days to the process before the burial/cremation/repatriation of the remains.

12. Registering the death and obtaining a death certificate

You will need to register the death with the local authorities in the country where the person died. A funeral director might be able to help with this.

To request a death certificate (Certidão de Óbito) at the registry office, you will need to present the declaration of death (Declaração de Óbito), which is provided by the hospital or - in specific cases - by the Forensic Institute (IML).

You will usually need documents about you and the person who has died, which include information such as full name, date of birth and passport number.

The local authorities will need to be told if the person suffered from an infectious condition such as hepatitis or HIV so they can take precautions against infection.

Local death certificates are issued in Portuguese, usually within 24 hours of death.

If an autopsy is needed, the death certificate will only be issued after the initial forensic report. In normal circumstances, a medical declaration of death (declaração de óbito), issued by a doctor, is enough to have the local death certificate issued.

You do not need to register the death with the UK authorities. The local death certificate can usually be used in the UK for most purposes, including probate. If it is not in English, you will need to obtain and pay for an official translation. 

Once a local death certificate is obtained, the Next of Kin may apply for a UK-style death certificate in the UK. More information is available on our website: https://www.gov.uk/register-a-death/y/overseas.

Usually, only someone from the immediate family can register a death (children, parents, spouses and siblings). Third parties (like a funeral director) can also register a death, as long as there is a power of attorney for them to do so, so the family does not need to be in country. A death certificate will be shared with the family, either directly or through the Consulate.

In deaths from natural causes, the death certificate will be issued immediately after registering the death. This can take longer (usually up to 14 days) in cases of accidental or suspicious deaths due to post mortem processes. A cause of death is mandatory on all death certificates.

If a Death Certificate has already been issued, it’s possible to obtain a copy (Segunda Via) directly at the notary’s office where the death was registered (Cartório de Registro Civil de Pessoas Naturais), which is usually the notary’s office of the location where the death occurred. You may need to prove your kinship with the deceased in order to request this service. You could also consider hiring a lawyer to support you with the process. A fee is likely to be charged by the notary public for furnishing another copy of the certificate.

Notaries are usually open every day for death registrations. Some may operate with reduced working hours during weekends.

13. Consular death registration

You do not have to register the death of a British national that occurs overseas with the UK authorities. If you elect to do so it cannot be used instead of a death certificate from the country where the person died. If you wish to do this, you can find more information on registering a death and apply online.

14. ## Mortuary facilities

Mortuary facility standards vary across Brazil. There are cold storage facilities in large cities, but in smaller towns, mortuaries can be very basic. Where cold storage facilities are not available, funeral homes might opt for embalming in order to conserve the remains until burial, cremation or repatriation. In case the deceased needs to be stored for a longer period, extra fees may be charged for re-embalming.

It is possible, but not mandatory, to identify the deceased. If the deceased is in a non-identifiable condition, the forensic institute may require dental records from a UK dentist or DNA exams from the family in the UK to compare with the DNA exam of the deceased.

The mortuary does not charge any fee to the next of kin to keep the person who died, however time is limited and a local burial may automatically occur if deadlines to appoint a funeral director are missed.

15. ## Burial, cremation, repatriation

Both local burial and cremation is possible (the latter only in certain cities in Brazil). Consult the Brazil Consular network on a case-by-case basis (www.gov.uk/world/brazil).

The next of kin of the person who has died will usually need to decide between a local burial, cremation or bringing the remains of the person home, which is known as repatriation. Your funeral director will usually be able to explain the options available, the costs, and help you make arrangements.

Burials and cremations usually take place very quickly in Brazil (sometimes within 24 hours of death), so a Next of Kin may be asked to make some quick decisions regarding funeral/repatriation arrangements.

Judicial authorisation for cremation is required if death occurred as a result of a violent nature, accident, or unknown reason. In these cases, a funeral director will be able to appoint a representative to start the judicial process. A lawyer may be required, so please check the list of English-speaking lawyers in Brazil available on our website: https://www.gov.uk/government/publications/brazil-list-of-lawyers.  

Local burial and local cremation are possible for foreign nationals.

A special authorisation is required before cremation, which has to be approved by a judge. Depending on the location and circumstances the process can be completed very quickly and happen within twenty-four hours, however if a death was suspicious or violent, cremation can only happen after a post mortem exam. A local undertaker will be able to provide advice on likely timeframes.

The deceased are not usually embalmed. They are only usually embalmed if a funeral is not happening soon. Please note that embalming is not a service provided by the morgues in Brazil. It is a private service done by undertakers and costs should be agreed in advance. Any embalming will need to be done only after a post mortem, if a post mortem exam is required.

Often a post mortem report can become available to the family in a few days. If deemed necessary, a toxicology report will also be produced. This usually takes a few months to be ready. A Next of Kin may request them directly from the police or a funeral director, who will be able to request on their behalf.

A number of authorisations and certificates are typically required to release the deceased’s remains or their ashes for transportation. These can include, but may not be limited to:

Repatriation of bodies

• Death certificate, issued by a local notary
• Embalming certificate
• Civil Police authorisation document
• Federal Police authorisation document

Repatriation of ashes

• Death certificate, issued by a local notary
• Cremation certificate (Certificado de cremação)
• Civil Police authorisation document

The deceased’s remains can be donated to medical science, which is allowed under Brazilian legislation, usually to Universities. The Next of Kin are the final approvers for donation, however universities cannot remove the body from a house, hospital or morgue. They can only receive the deceased’s remains. Transport should be arranged by the Next of Kin.

There is no specific legislation on scattering of cremation ashes in Brazil. It can be organised / arranged through a local undertaker or the funeral director  

If Next of Kin cannot pay for a funeral there is a local equivalent of a “pauper’s funeral”, however there are several Brazilian documents required (e.g. Brazilian national security number, proof of residence, proof of low income), which makes the process more difficult for foreigners.

Transportation of ashes can be done normally by any person authorised by the Next of Kin. An undertaker will deliver the ashes to a person appointed by the family or the Next of Kin him/herself. According to the Brazilian Civil Aviation Authority, such a person can either carry the ashes in their checked or carry-on luggage. Make sure to carry the death and the cremation certificates along with the ashes.

A funeral director can also send the ashes directly to the Next of Kin in the UK.

Please note if a local burial or cremation takes place, then an inquest in the UK will not be possible. For more information on inquests, see the information on UK coroners and inquests.

15.1 Repatriation

The repatriation of remains to another country lies under a mortuary or funeral directors’ responsibility. We can provide you with a list of international funeral directors. Nonetheless, appointing an international funeral director for repatriation is the Next of Kin’s responsibility. The undertakers together with a cargo agent or airline officer take the necessary documentation for repatriation to customs officers at the local airport.

16. ## Return of personal belongings

Next of Kin should make arrangements for the return of personal effects through their privately commissioned undertakers. Funeral directors may be able to help with the return of belongings, or the family should arrange for this separately. The British Consulate cannot receive, handle, store or transmit personal belongings.

The Next of Kin can claim the return of the deceased’s personal belongings. If there is a dispute over the belongings, legal advice will usually be required.

If the person who died had insurance, check with their insurance company to see if there is coverage for the return of their personal belongings. Otherwise, the family will need to cover all the costs.

For residents of Brazil, personal belongings usually stay stored at the deceased’s home.  Collection can be arranged between the family and the landlord. Local authorities cannot store private belongings or produce an inventory. Please check with the funeral director if they can provide this kind of service.

Belongings might be discarded if no one claims them. Although there are no formal deadlines for claiming personal belongings, arrangements for their return should be done as soon as possible by the family/Next of Kin.

To discuss real estate properties and inventory, we recommend you seek legal advice from an English-speaking Brazilian lawyer.

In case of suspicious deaths, the authorities might take away as evidence any objects or belongings with relevance to the investigations.

The family can raise concerns or complaints about storage directly to the local police.

Please note, the British Embassy or Consulate cannot take responsibility for the personal belongings of the person who died.

17. Steps to take in the UK

You can find more information on the steps to take in the UK online. This includes information on arranging the funeral, telling the government about the death, UK pensions and benefits and dealing with the estate of the person who died. There is a step-by-step guide about what to do when someone dies.

18. British passport cancellation

In order to avoid identity fraud, the passport of the person who died should be cancelled with His Majesty’s Passport Office (HMPO).

The form and instructions on where to send the passport is available online.

If you plan to repatriate the person who died to the UK, you may require their passport to do this. In these circumstances, you should cancel the passport after they have been repatriated. 

19. Child deaths

According to Brazilian law, there are specific procedures for the death of a child. In cases of suspicious deaths, the Police will investigate like an adult death and will involve other authorities, such as the social services, if necessary. The medical team attending will be responsible for notifying the infant death to the authorities, and funeral directors and undertakers will take care of any authorisations required to bury, cremate or repatriate a child’s body.

In cases of stillbirths, a declaration of foetal death (declaração de óbito fetal) will be issued whenever the mother was more than 20 weeks pregnant, the foetus had more than 500 grams of total weight or had a length of 25cm or more.

There no specific procedures for neonatal deaths, and usually a birth certificate will be issued.

20. Deaths in road traffic accidents

In road traffic deaths, the police will action the Coroner’s Office (Instituto Médico Legal or IML) for a post mortem autopsy. The deceased’s remains can be retained to up to two weeks for further examination and a definitive report with the specific cause of death will be issued. The funeral director will be responsible for liaison with the IML to proceed with arrangements for funeral/cremation/repatriation.

Foreigners might be entitled to DPVAT (Danos Pessoais por Veículos Automotores Terrestres), damages payable through a national mandatory insurance against traffic accidents. In these cases, legal advice might be necessary for you to claim any restitution.

You can request you DPVAT here (Portuguese only): https://www.caixa.gov.br/servicos/dpvat/Paginas/default.aspx

21. Deaths investigated as murder or manslaughter 

If the local police have confirmed that they are investigating the death as a murder or manslaughter a dedicated team within the Foreign, Commonwealth & Development Office will be available to provide support, including by referring you to specialised support organisations. You can find more about how the FCDO can help with murder and manslaughter abroad.

You should note that if the deceased is repatriated to parts of the UK a coroner or procurator fiscal may decide to hold an inquest. See the section on UK Coroners and inquests below.

Please check our Murder and Suspicious Death guidance at the end of this document (Annex 2).

Brazilian forensic Institutes (IML), part of the Civil Police, provide technical information to support a Court case, including the result of post mortem exam.

If the death is being investigated is designated as murder or manslaughter, there will be two phases:

1) The police investigation: the administrative phase of the investigation in which the alleged perpetrator of the crime is identified. Family members can seek information about the content and/or progress of the police investigation through a private lawyer or the public defender’s office. The police may invite family members to testify in the police investigation, if deemed necessary.

2) Judicial phase in which the suspect will be tried. A spouse, parents, children or siblings of the victim may, through a lawyer, act as an assistant to the public prosecutor in these cases. In this phase you may be able (through a lawyer) to propose evidence, ask questions to witnesses, add to the libelo (which is the statement of reasons for convicting the suspect of the crime) or participate in the oral debate.

Local authorities will not be proactively providing updates to the family, not least due to language barriers. We recommend that a lawyer represent you and be giving you updates. They can provide local law knowledge and advice.

If a suspect has been detained but then released they can they be investigated again if new evidence is presented.

Murder rates in Brazil are high, but vary greatly between states and regions. In 2022, the murder rate in Brazil was 23.3 per 100,000 inhabitants.

It is not possible to predict an average time it takes for a case to conclude once it reaches the judicial stage. The Brazilian judicial system does not have deadlines to analyse and make decisions.

If you have questions or would like advice on this section please contact us.

22. UK coroners and inquests

If you repatriate the person who died to England and Wales, there may be an inquest. The decision on when to hold an inquest is made by His Majesty’s Coroner. Please note, an inquest will usually only happen in certain situations, for example, when someone has died in suspicious, unnatural, and violent circumstances or whilst in detention. If the person who died is cremated and only their ashes are brought home, there will not be an inquest.

If you repatriate the person who died to Scotland, the Procurator Fiscal may decide to call for a Fatal Accidents or Injuries Inquiry.

If you repatriate the person who died to Northern Ireland, there will be no coronial inquest or further inquiry.

Please note, Procurators Fiscal and Coroners do not have jurisdiction in another country, nor do they seek to apportion blame to a named individual. 

You can find more information on Coroners and the Procurator Fiscal in the FCDO guide on death abroad.

23. Legal Aid

Legal aid is available in Brazil through the Public Defender’s Office (Defensoria Pública) for anyone, including foreigners, with a monthly income below R$ 2000. Each state has its own office, so contact information can be shared depending on the location in Brazil.

British family members outside Brazil are not entitled to State funded legal aid.

A list of English-speaking lawyers is available on: https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find/lawyers

24. Compensation

There is no official government compensation scheme. Please check with your lawyer whether you are entitled to any other restitution from the government.

A list of English-speaking lawyers in Brazil is available on our website: https://www.gov.uk/government/publications/brazil-list-of-lawyers

You can find information on UK compensation for victims of terrorism overseas

25. Translation and Interpretation

The official language in Brazil is Portuguese and English is not widely spoken.
Certified translations are done by authorised professionals and are not provided by local authorities. The Next of Kin will have to appoint an independent translator at cost.

A list of sworn translators and interpreters is available on our website:

 https://www.gov.uk/government/publications/brazil-translators-and-interpreters

Please note that the FCDO cannot provide any official translations.

26. Additional support

26.1 Local support organisations

The public health system in Brazil can offer free psychological support to any bereaved people, including foreigners not ordinarily resident in Brazil. The sessions are generally in Portuguese only. You can request one at your local mental health referral centres (CAPS, Centro de Atenção Psicossocial). The psychologists on the public mental health network can refer you to support groups and NGOs if deemed appropriate.

Several local NGOs provide support to bereaved families in Brazil. The FCDO might have contacts to share on a case-by-case basis, depending on the location and the cause of death.

26.2 Support organisations in the UK

In the UK, there are many organisations that can help bereaved families. Some of these are listed in the guide coping with death abroad.

27. Annex 1: List of local funeral directors:

An updated list of English-speaking funeral directors in Brazil is available at:

https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find/funeral-directors

28. Annex 2: Murder and suspicious death: family guidance

MURDER AND SUSPICIOUS DEATHS:

FAMILY GUIDANCE

We understand that family members who have lost a loved one under violent or unexplained circumstances may be experiencing many complex and painful emotions. The Foreign, Commonwealth and Development Office, represented by specialist teams in the UK and at the British Consulates in Brazil, are here to support you. When you are ready, we believe you may find it helpful to consider some of the below features of Brazilian law and procedure which we hope will help you to navigate what happens next. 

In our experience, families who are in a position to hire a private lawyer often find navigating these procedures much easier and we strongly suggest you hire one if you are in a position to do so. A local lawyer can act not only as an advocate in any court case but also help you to navigate the Brazilian system in ways that the British Consulate cannot. A list of local lawyers can be found here.

One of the features of Brazilian law, which differs from the UK and which we find family members can find confusing in these cases, is a system of secrecy/confidentiality that prevents the Brazilian authorities from divulging information about their investigation to non-registered family members and the consulate. The below steps outline the process.

What should family members do when they are notified of a murder or suspicious death?

• You should go to the police station where the death was registered/reported. If you are not in Brazil you should ask a lawyer to represent you

• Present identification and proof of family relationship with the victim – through birth or marriage certificates.

• Request as much information as possible about the circumstances of the death: a copy of the police report; a police investigation case number; and the location of the deceased (e.g. Legal Medical Institute or hospital).

• We advise British nationals to hire a private lawyer to follow up proactively on the investigation. If you cannot afford one and if you are currently in Brazil, you should request legal assistance from the Public Defender’s Office, so that you can have access to information and legal advice.

Usually, there is a support center for victims of violent crimes in the state public defender’s offices, which can provide guidance to family members regarding your rights to the following:

• being heard in the police’s investigation;
• participating in any criminal action (the judicial phase in which the suspect responds to the crime);
• protection and confidentiality (if someone in the family is being threatened);
• obtaining a death certificate from the civil registry office;
• arranging for burial or cremation of the deceased;
• possible compensation for material or moral damages against the offender, if this is an outcome from due legal process;
• Right to receive information about the procedure for opening an inventory of properties, in order to receive inheritance, and whether there is the possibility of claiming benefits (mandatory car insurance - DPVAT, in case of a traffic accident; death pension, if the victim had made at least eighteen contributions to Social Security).

If the public defender’s office does not have a support center for victims of violent crime, you should consider seeking assistance from the local Reference Center for Social Assistance (CRAS), which can provide you with the above information and support.

• At a Legal Medical Institute (IML) or hospital, a atestado de óbito (attestation of death) is issued.  With this document, a civil registry’s office can issue a certidão de óbito (death certificate).

• What are the steps family members need to go through in the investigative and trial phases of the process?

1) The police investigation: the administrative phase of the investigation in which the alleged perpetrator of the crime is identified.

Family members can seek information about the content and/or progress of the police investigation through a private lawyer or a public defender’s office.

The police may invite family members to testify in the police investigation, if deemed necessary.

2) Judicial phase in which the suspect will be tried. A spouse, parents, children or siblings of the victim may, through a lawyer, act as an assistant to the public prosecutor in these cases.

In this phase you may be able (through a lawyer) to propose evidence, ask questions to witnesses, add to the libelo (which is the statement of reasons for convicting the suspect of the crime) or participate in the oral debate.

• How can family members gain access to trial or police investigation information?

In the administrative phase of the investigation, any family members are treated as witnesses, and may not have access to the investigation due to its confidential nature. If the police refuses to share information, you should complete, through a lawyer, a security mandate (mandado de segurança) requesting access to the inquiry.

In the criminal prosecution phase, this impediment does not occur, because the family can actively participate, through a private lawyer or the public defender’s office, in the judicial phase as an accusation assistant.

• What if the police cannot find the alleged perpetrator of the crime?

If the police do not find the alleged perpetrator, they will not be able to bring charges due to lack of evidence. In this case, they will present a final report presenting the list of facts and steps taken, as well as the reasons that led to the decision not to indict a suspect.  The Public Prosecutor’s Office will analyse the police report and may file a criminal action (because they are not bound to the police investigation), and request further investigation or request that the investigation be closed. Generally, if there is a lack of evidence a judge will reject criminal action (denúncia).

• What happens if a victim’s family doesn’t agree with the investigation or if there are gaps or information not taken into consideration?

The police can undertake new searches, if it has new facts or other evidence.

If the victim or his/her legal representative does not agree with the closure of the police investigation, he/she may, within thirty days of receiving the communication, submit the matter for review by the second instance of the public prosecution service, presenting reasons and evidence.

• How can you request compensation and when can it be requested?

A victim’s family may seek compensation for the material or moral damages suffered, either in civil court or in criminal court, depending on the case, through a private lawyer or a public defender’s office. To do so, you must be able to substantiate the damages you have suffered.

During the course of the criminal action, the Public Prosecution Service can also request the award of damages. If there is a Non-Prosecution Agreement, the suspect must pay the victim the agreed indemnity in order to close the criminal case.

In cases of private criminal action (in which the victim himself, through a private lawyer or the public defender’s office, can file the action, without the intervention of the Public Prosecutor’s Office), the victim can present in his lawsuit the request for compensation.