RELIGIÃO E ESFERA PÚBLICA NO ESTADO LAICO BRASILEIRO: À LUZ DE HABERMAS E DO DIREITO

Abstract

The relationship between religion and public space became very troubled after the modern secularist movement. Is often installed a rivalry atmosphere when this issue is raised: on one side are placed advocates of a rationalism which does not admit any religious manifestation in public spaces; on the other side, religious foundations defenders take a stand. One way out of this conflict is the concept of religious freedom’s expansion and a proper understanding of the state's secularity institute. It is necessary to understand secularism as State’s neutrality regarding to religious contents, in such a way that it functions as a warrantor of debates’ conditions for the different groups that coexist in their jurisdiction. Brazilian State makes the constitutional option for secularism and therefore is required to take an equidistant stand from all religious and anti-religious manifestations. On the other hand, religious and naturalists must respect the game’s rules when proposing their ideas at speech spaces and in this regard, habermasian concepts of public sphere, communicative action and consensus are useful and appropriate to Brazilian case’s understanding.