A Liberdade Religiosa no Âmbito do Direito do Trabalho

Abstract

This paper aims to analyze the relationship between law and religion in society, discussing the issue of religious freedom in the workplace. And, based on that, facing the following question: to what extent the State is able to ensure religious freedom? Thus, we discuss the effectiveness of the State in guaranteeing the inviolability of the fundamental right to religious freedom, relating it to the work environment. We raise the hypothesis that there must be a weighing between principles, rights, and power for the success of this guarantee. It is necessary to conceptualize religious freedom, as well as to analyze its evolution until it was established as a fundamental right. Subsequently, we discuss the development of the relationship between the State and Religion, seeking to demonstrate the religious influence on the State and how it intends to guarantee its inviolability. Arriving at the central point of this study, describing the aspects of the employment relationship, where it is possible to analyze how religious freedom could be affected in the work environment and, finally, approaching the duty of accommodation of the employer facing the rights of his employees, specifically those of religious matters. The research was based on the constitutional text, on the doctrine, developing through bibliographic analysis and review. The need to discuss this topic was demonstrated, as it is one of the ways to spread the concepts and importance of religious freedom in order to certify the free exercise of this right and contribute to the harmonization of religious freedom, especially in the workplace.