A INFLUÊNCIA DA RELIGIÃO NA JURISPRUDÊNCIA DO STF

Abstract

This research approaches the influence of Religion on Brazilian Federal Court of Justice (STF) jurisprudence, analyzing if the belives, positions and religions discourses, through its Representatives - For example, religions entities - still are executing influence on the foundations of sentences, judgments and jurisprudence in Brazilian Maximum Court. The objective consists into investigate to what extent this is happening, especially in concentrated constitutionality control actions, taking into account the specificities of secularism experienced in Brazil. Corollary to this questioning the research analyzes whether state secularism appears as a justification for deciding cases that deal with religious freedom. This will be done through bibliographical methodology and in three chapters. First, seeking to establish the conceptual aspects of religion, law and securalism, in order to provide the epistemological bases that permeate the entire discussion, also analyzing the issue of religious freedom in Brazil. Thereafter, pursue to map the limits of law, its sources of action in the judiciary as well as hard cases and judicial discretion. Finally, some emblematic cases are analyzed, in practice, observing whether the declaration of secular status and/or religion freedom represents or not an argument that makes up the grounds for the demands brought by religious entities, as well as for the responses provided by ministers. This research represents a great value to legal practioners and, equally, to religious scientists, due to its interdisciplinarity. These professionals may adopt an attitude of exemption and suspension of beliefs, judgments of value and truth, in the face of similar situations to the cases addressed in the research.