RELIGIÃO, LAICIDADE E LIBERDADE RELIGIOSA NA PRÁTICA JURÍDICA BRASILEIRA E NO DIREITO FUNDAMENTAL

Abstract

Discussions about secularism and religious freedom have always been the scene of clashes in the political, social and academic fields. However, there is still a need to reinforce the argumentative instruments to expose the subject effectively. The 1988 Major Charter does not concretely expose secularity, but it brings in an established manner all the components that constitute arguments for this academic debate. This stems from the qualification of the democratic State Unity that ensures both equity and freedom, even the religious of the citizens. under your tutelage. This is added to the constitutional obligation of the organizational split between the State and religiosity. This work aimed to analyze the definition of religion and secularism in the perspective of religious freedom. This research has an exploratory character, since it aims to explain a point of view, through the junction \ list of researched data \ dialogue between the authors, in order to foster the discussions related to such a relevant theme in this multifaceted contemporary society , plural form. The research brought as main conclusions religious freedom is a fundamental right that aims to protect belief, worship and other religious activities of people and religious organizations, consecrating state neutrality. In this context, it is possible to understand that religious freedom is guaranteed, at the state level, by the principle of secularism. As a principle present in the Major Law, it guarantees the right to religious freedom, emphasizing that religious affiliation does not constitute a prerogative for the right to citizenship, and that public power is immobilized by refraining from assuming a religion or dogma as an official. Thus, it is through public policies that the fulfillment of constitutional rights related to religious freedom is guaranteed, enabling the secularization to become effective.