| Resumo: |
This study intends to demonstrate how pressing it has become to provide religious organizations (i. e. churches at large) with a specific judicial regime. Even more pressing still with the void created by the the new Civil Code (sanctioned by law 10,406, from Jan. 10th,2002) disposing at item IV of article 44 that religious organizations are to be viewed as legal entities of private right, leaving out, however, the way such organizations should be controlled, an oversight not extended to foundations or other kinds of associations or societies. Unmindful that once classified as associations they would fall under the direct control of the State and consequently be deprived of privileges up to then granted, the churches hastened to gather Congress representatives committed to their cause and succeeded in palliating the impending risk by passing law 10,825 (Dec.22nd, 2003), which however failed once more to define what religious organizations should be understood as under the judicial point of view. The lack of a body of specific rules inherent in the exercise of such organizations hinders the natural flow of legal organs in the universe of legal activity, keeping open a gap that had better be filled as soon as possible in order that both rights and duties of churches may yield benefits to civil society and to the legal system. To this end the study made here expects to lead |
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