Official mourning in Brazil: how it is decreed and how long it lasts

Official mourning (luto oficial) is the way the Brazilian state expresses grief at the death of an authority or a public figure. Its basis is Law 5,700 of 1 September 1971: under article 18(I), the flag is flown in mourning throughout the country when the President of the Republic decrees official mourning, and under article 14 it is raised compulsorily on days of national mourning at all public offices, schools and trade unions. The length and the ceremonial are in Decree 70,274 of 9 March 1972.

How mourning is decreed

National official mourning is declared by decree of the President of the Republic, published in the Official Gazette of the Union (Diário Oficial da União). The decree states the number of days, the date from which they run and, where applicable, the funeral honours; the example below shows how. Under article 89(4) of Decree 70,274, the decree of official mourning is signed by the Ministry of Justice, which notifies the governors, and the Ministry of Foreign Affairs notifies Brazil’s diplomatic missions abroad.

Governors and mayors may decree mourning within their state or municipality. Law 5,700 expressly mentions official mourning decreed by the authority replacing a governor or mayor who has died (article 18(IV)). The presidents of legislatures and courts may put the flag in mourning at their buildings on the death of one of their members.

How long it lasts

Decree 70,274 sets the periods:

• death of the President of the Republic: under article 74, the legal successor, as soon as they take office, signs a decree of official mourning for eight days. Article 75 provides that the Ministry of Justice notifies the governors so that the mourning decree is carried out, public offices are closed and shops shut on the day of the funeral;
• death of civil or military authorities: under article 88, the government may decree the funeral honours, and the period of mourning does not exceed three days. Paragraph 2, as worded by Decree 3,780 of 2001, allows the period to be extended, exceptionally, to up to seven days for notable and important services to the country. The same rule applies to the disappearance of authorities where there are strong signs of death in an accident (paragraph 1).

An example: Pope Francis

On 21 April 2025, Decree 12,440 declared official mourning throughout the country for seven days from the date of publication, as a sign of grief at the death of Jorge Mario Bergoglio, Pope Francis, who was given the funeral honours of a head of state. The decree cites article 18(I) of Law 5,700 as its basis and was published in an extra edition of the Official Gazette.

The death of a foreign head of state

When the head of state of a country with diplomatic representation in Brazil dies, article 89 of Decree 70,274 provides for condolences from the President of the Republic to the head of mission, messages to the successor and the family and, at the President’s discretion, a special representative or an extraordinary mission at the funeral. The Brazilian mission in the country of the deceased head of state may fly the flag at half-mast without waiting for the official notice (paragraph 5).

What changes during mourning

• The flag: at public offices, schools and trade unions, the flag is in mourning, at half-mast or at half-halyard. When it is raised and lowered, it is first taken to the top (article 17 of Law 5,700). The guide on half-mast describes the procedure.
• Days of national celebration: if a national holiday falls during the mourning, the flag is raised to the top on that day, because article 18 applies only when the situations "do not coincide with days of national celebration".
• Working hours: a mourning decree is not a holiday. Only the death of the President of the Republic leads, under article 75 of Decree 70,274, to the closure of offices and shops on the day of the funeral.

Private persons and businesses may follow the mourning with the flag at half-mast, with the respect due to the symbol. The general rules are in the guide to the flag rules.