O fenômeno religioso em questão: uma análise dos conceitos de laicidade e neutralidade religiosa

Abstract

In addition to not being a new topic, the relationship between religion and the State is taking on nuances and complexities as the Brazilian religious scenario changes and, in recent years, it is undergoing intense changes. In view of this, this research faces the following problem: do the concepts of secularism and religious neutrality admit flexibility? As an answer, the following hypothesis is proposed: yes, because for the first concept the historical-constitutional context of each constitutional state gives the proper contours of secularism, while for the second the formula of "neither promoting nor inhibiting religion" must be sought in the light of each concrete case, abandoning the search for an absolute ideal or concept. Using the inductive approach method and the bibliographic research technique, the path taken in this dissertation will be divided into three main chapters, which seek to fulfill the general objective of analyzing what measure of possible flexibility can be conferred to the concepts of secularism and neutrality. The first chapter analyzes the concepts of the principle of secularism, neutrality, religious freedom and some specific issues (concept of secularization, public and private sphere). The objective is to understand the common normative content of these principles and provisions and their scope of protection. The second chapter seeks to trace how the principle of secularism was consolidated in the Brazilian scenario, through a historical-constitutional analysis of this principle throughout the Brazilian constitutions. It is also analyzed how the principle of secularism is delineated in other contexts of constitutional states. From the analysis of these two chapters, it is possible to apprehend two important relationships, objects of examination of the third chapter in view of the performance of the Federal Supreme Court: (i) The principle of secularism is determined by the historical-cultural context that underlies it, and even in countries that adopt the model of separation there are nuances and differences from context to context and (ii) The principle of neutrality is best applied when the formula of "neither promote nor inhibit religion" is sought on a case-by-case basis, rather than the sacralization of an absolute concept of neutrality. Thus, based on reflections on these concepts, it is analyzed how the Supreme Court conceptualizes and applies these principles to draw conclusions.