(1. Sobral Campus, Federal University of Ceará, Brazil; 2. Federal University of Ceará, Brazil)

Abstract: The present work intends to analyze the dynamics of the protection of the right to bury the dead, taking as reference the work Antigone, by Sophocles and the Civil Code of 2002. bury the dead with dignity, irrespective of society’s stage of development. Moving forward in the discussion, as well as making a historical leap in time, it is presented within this research a discussion about the right to bury the dead as a fundamental right, protected by the Federal Constitution, in particular, with regard to the dignity of the human person, being one of the five constitutional pillars of the Democratic State of Law. Another point that is addressed is the Brazilian Civil Code 2002, through the main theorists who point to the protection of the rights of the dead in the society of the living. With this, it is intended to demonstrate that, although the rights of the personality extend to the deceased, in fact the Brazilian legislation is in mismatch vis a vis in relation to the rights of the personality of the deceased. From several theoretical notes, it is understood that the right to bury the dead in a dignified way is an obligation of the Brazilian State, and the will of the dead must prevail as long as it does not violate the Brazilian Legal Order. For that, the discussions raised from the work of Sophocles, come to collaborate with new possibilities of application of the sepulchral right in the world of the life.