A LAICIDADE DO ESTADO E O DIREITO DA GUARDA DO SÁBADO PELA IGREJA ADVENTISTA DO SÉTIMO DIA: A LIBERDADE RELIGIOSA EM FACE DA IGUALDADE

Abstract

Although Brazil is a laic State, the 1988 Constitution consecrated religious freedom as fundamental right, and it is incumbent upon the State to promote and guarantee the protection of the exercise of liturgies and cults of all religions, abolishing intolerance and fanaticism. The Seventh-day Adventist Church (SDA) has Sabbath keeping as an unchanging commandment, and thus, based on art. 5, item VIII of the 1988 Constitution, which states that, for religious reasons, no one shall be deprived of his rights, seek to abstain from the practice of certain actions that coincide with sabbatical guarding, while providing for the Constitution itself, of alternative provision. However, the issue becomes controversial when the option for Saturday custody conflicts with the constitutional principle of equality and isonomy, as in the cases of the vestibular and public competitions, for example. How can the State maintain equality and, at the same time, preserve the religious freedom of the candidate who invokes the excuse of conscience, for being a member of the SDA, when the date coincides to the Saturday? It should be noted that, in principle, the alternative presented by the State in certain real cases - that of the isolation of students/competitors, until sundown of Saturday or the change of the day of the competition, in the case of ENEM, for example - has become the best solution for the balance of conflicting standards at the moment. For this, it is emphasized that the methodology chosen for the dissertation - qualitative and explanatory research - was because it is not only a discussion about a particular religion, but about the situations that arise around the SDA. Therefore, the present work aims to deal with the right to religious freedom, more precisely conscientious objection based on religious belief versus the principle of equality, in the light of the 1988 Constitution, seeking to study the dilemma presented in order to obtain reflection and resolution, given that this is a case of great social, legal and religious relevance.