AS CONSTITUIÇÕES BRASILEIRAS E O ENSINO RELIGIOSO: REGIMES JURÍDICOS, PERSPECTIVAS E DESAFIOS

Abstract

This Dissertation highlights the legal and ideological aspects of Religious Education (RE) in the Brazilian Constitutions from 1824 to 1988. It’s proposed to know the history of RE in the constitutions and in the LDB, analyzing the relations of the Brazilian governments and the religious leaders in the configuration of the legal norms about this subject. Initially, the history of the legal and constitutional systems during this period, the interferences of the Christian-catholic ideology in the configuration of the Religious Education in the infraconstitutional norms of the education and the legal and epistemological challenges of this subject nowadays, are traced. The set of standards about the RE are analyzed, seeking to elucidate common aspects and marked differences, utilizing the technique of content analysis by categories defined a priori. It’s evident the presence of Religious Education in the constitutions as a reflex of the social-political and economical demands in each period of time, expressing approximations and distancing between the political agents and the representatives of the catholic church in the configuration of the Religious Education. Nowadays, despite the advances, the RE is challenger, considering the legal dubiousness of the legislation in force, which the attenuation of the secular State is seen affronted by the concordat system invigorated by the agreement in force between the Brazilian Government and the Holy See. This study allows appreciating the contradictory movement of the religious education in this country bequeathing the possibility of locating the proposed reforms of the RE in the course of history.