LIBERDADE RELIGIOSA NO ORDENAMENTO JURÍDICO BRASILEIRO: ACORDO ENTRE DIREITO E RELIGIÃO OU UM CASO DE CONDESCENDÊNCIA?

Abstract

The choice of the theme of religious freedom in the Brazilian legal system, agreement between law and religion a case of condescension? Harmonizes with the professional activity of this researcher, as a legal operator. The subject is relevant to the chosen perspective, having the possibility of being a research instrument for the improvement of public practices, since the State and the individual are inserted as subjects of law and obligation regarding their limits of performance. In this context, especially in the area of concentration, Religion and Public Space and Line of Action: Religion and Public Sphere, this dissertation set out to pursue the general objective, namely, to analyze the birthplace and historical evolution of the right to religious freedom in the planning Brazilian legal system, placing it as a fundamental right of the individual, resulting from a political and social clash between religion and the reason for the law. The specific objectives were also essential to the study's design: the investigation of the historical context of law and religion, from the pre-Christian era in the Old East to the secularization of law in the western world; freedom of religion since the beginning of time in Brazil, as a reflection of an intrinsic relationship between religion and law; clarification and analysis of freedom of religion in the Brazilian State, as a fundamental right that was based on the constitutional plan and beyond, the result of a secular agreement; and, the demonstration of the effective existence of the right to religious freedom, embodied in the performance of the State and the individual. The methodology used is the bibliographic review, with the presentation of concepts, origin, evolution, characteristics, efficacy, constitutional and universal principles on the fundamental right, as well as on the influence of religion for their constitution, as a result of an agreement signed between the two fields of action. At the end of this research, it was possible to verify that the right to religious freedom, in view of its constitutional right status, being inserted in the core of fundamental rights, resulted from an agreement between religious forces and secular forces, opposable to all, but, that can be relativized. Therefore, this researcher concludes that the right to religious freedom erected to the fundamental right of the human person, results from an immanent agreement between the religious forces and the secular forces, because there was a condescension of the right in favor of religion, here is an impressed of the other. Both seek social peace and as such, secular forces have not been able to dispense with religion; they allowed and agreed, before the Democratic State of Law, their existence and possibility of exercise, with the consequent abstention from the control of the State in face of the force imposed by religion, which accompanies man since the primeval times. An irreversible path of the modern constitutional order, only being possible to dismantle it due to an illegal coup or overthrow of the State.