RELIGIÃO E ESTADO LAICO: UMA ANÁLISE DA LIBERDADE RELIGIOSA E OS DIREITOS E GARANTIAS FUNDAMENTAIS

Abstract

This work develops the study of aspects concerning the approach of the Religion and Secular State, based on the Federal Constitution of Brazil, in the requirements of the Fundamental Rights and Guarantees, with discussion of the concept of secularism through interdisciplinary analyzes and previous Federal Constitutions, proposing the contextualization of Freedom religious belief, freedom of belief and religious organization, aiming to clarify some conflicts on the issues related to the observance of the doctrines imposed by some religious associations to their professors that differ from the basic principles that guide these Fundamental Rights and Guarantees established in the Constitution of the Federative Republic of Brazil of 1988 and legislation in vogue, although, due to the secular nature of the Brazilian state, some collisions can be seen in contemporary legal practice. The secular state must maintain the neutrality of the state by conditioning non-involvement in religious matters, however, there are still implications in daily life that need state protection and protection, because it is certain that, due to legal hermeneutics, it will be argued permanently on religious practices that can sometimes provoke legal provocation about the compromise of rights, being the State's analysis. Some religions advocate in their founding regiments peace, respect, love of neighbor and, therefore, aim for a source of hope for life, that is, the function of religion as a social system and as an affirmation of citizenship. After glimpsing the issues related to religious freedom, the work sought to contextualize the issues pertaining to Fundamental Rights, values, functions and some decisions involving these conflicts to seek to salute the related relationship on the extreme importance of the Sciences of Religion in conjunction with the Law.