Limites da liberdade religiosa no ambiente acadêmico administrado por organizações confessionais

• Ano de defesa: 2022
• Autor(a) principal: Bobrzyk, Sandro André
• Orientador(a): Sarlet, Ingo Wolfgang , Ramírez, José María Porras
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica do Rio Grande do Sul
• Programa de Pós-Graduação: Programa de Pós-Graduação em Direito
• Departamento: Escola de Direito
• País: Brasil
• Palavras-chave em Português: Liberdade Religiosa; Direito Fundamental; Universidade Confessional Privada; Conteúdo; Limites
• Palavras-chave em Inglês: Religious Freedom; Fundamental Right; Private Confessional University; Content; Limits
• Área do conhecimento CNPq: CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://tede2.pucrs.br/tede2/handle/tede/10125

Religious freedom is one of the structuring elements of society. It has passed through the most diverse generations and normative instruments, but only in the last century has it reached the condition of a fundamental right, in the main democratic constitutions. The various provisions are harmonized in such a way that today equal rights and peaceful coexistence between believers and non-believers are allowed. To arrive at this understanding, we present religious freedom in the historical perspective, with all the nuances and conflicts. Subsequently, the necessary processes of secularization and the models of relationship between Church and State. All converging to the construction of the dogmatics of religious freedom. Once recognized as a fundamental right, the need naturally arises to establish limits, to prevent excesses and curb fundamentalism, which violates the rights and guarantees of citizens. This conceptual construction permeates international regulations and is concerned with establishing a duty of neutrality on the part of the State in matters involving religion. In this perspective, the original and secondary sources of religious freedom in Brazil and Spain will be discussed, as a source of comparison, highlighting the right to religious freedom in its subjective and objective dimension and the precedents of the Constitutional Courts. In Spain, there are cases of judicialization of the teaching of religion, the nature of educational centers with their own ideology, the admission of teachers of religious education and the right of students to religious and moral training. Brazil, in the same vein, faced the controversy of religious education, guard days, sacrifice of animals in religious rituals and religious missions in indigenous lands. However, the crux and problem of the research is to identify the content and limits of religious freedom in confessional teaching institutions, with a focus on the academic-confessional environment. , particularly from Brazil and Spain, It is also necessary to analyze the subjective positions of the legal entity – religious organization –, those with the greatest impact: free exercise of worship, use of images and symbols, proselytism, formative and artistic events of confessional nature and compulsory subjects. In contrast, subjective positions of teachers, students and employees: freedom of professorship and rights to non-confessional spaces and secular education. It is not necessary to exhaust the fundamental positions to measure the content and limits of religious freedom in the private confessional academic. The picture presented, necessarily, requires a normative rethink, to conceptualize institutions of this nature and establish norms and obligations.