Detalhes bibliográficos
Ano de defesa: |
2017 |
Autor(a) principal: |
Nogueira, Daniel de Souza
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Orientador(a): |
Paes, Jos?? Eduardo Sabo
 |
Banca de defesa: |
Não Informado pela instituição |
Tipo de documento: |
Dissertação
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Tipo de acesso: |
Acesso aberto |
Idioma: |
por |
Instituição de defesa: |
Universidade Cat??lica de Bras??lia
|
Programa de Pós-Graduação: |
Programa Strictu Sensu em Direito
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Departamento: |
Escola de Humanidade e Direito
|
País: |
Brasil
|
Palavras-chave em Português: |
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Área do conhecimento CNPq: |
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Resumo em Inglês: |
The focus of this scientific paper is to investigate whether the duty exemption conferred on temples of any religious worship as an effective tool of the fundamental right to freedom of belief and conscience reaches with equal protection the temples of the Masonic, extending over them the constitutional mantle of the duty exemption. To do so, necessary was to conceptualize Freemasonry and its historical definition, by looking at its nature from the point of view of the civil right as an association and an integral body of the third sector. This paper discusses the freedom of belief and conscience as fundamental rights and their capability of sustaining the Democratic Rule of Law in its outwardly secular contours. It also presents an analysis of the comparative laws on the relevant points of this paper by verifying how the other nations understand them. The paper is carried out on the hard task of verifying how the doctrine and jurisprudence has manifested itself on the proposed subject by causing the study to be elaborated, in a careful way, on the basis of the understandings elaborated by them. From a critical perspective, this paper aims to analyze how the institute of duty exemption has been treated, considering it as relevant for a better analysis and understanding, which, of course, will bring improvements in the legal system of the country as a whole. |
Link de acesso: |
https://bdtd.ucb.br:8443/jspui/handle/tede/2380
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Resumo: |
The focus of this scientific paper is to investigate whether the duty exemption conferred on temples of any religious worship as an effective tool of the fundamental right to freedom of belief and conscience reaches with equal protection the temples of the Masonic, extending over them the constitutional mantle of the duty exemption. To do so, necessary was to conceptualize Freemasonry and its historical definition, by looking at its nature from the point of view of the civil right as an association and an integral body of the third sector. This paper discusses the freedom of belief and conscience as fundamental rights and their capability of sustaining the Democratic Rule of Law in its outwardly secular contours. It also presents an analysis of the comparative laws on the relevant points of this paper by verifying how the other nations understand them. The paper is carried out on the hard task of verifying how the doctrine and jurisprudence has manifested itself on the proposed subject by causing the study to be elaborated, in a careful way, on the basis of the understandings elaborated by them. From a critical perspective, this paper aims to analyze how the institute of duty exemption has been treated, considering it as relevant for a better analysis and understanding, which, of course, will bring improvements in the legal system of the country as a whole. |