A concretização do direito fundamental à liberdade religiosa: política do reconhecimento e legalização do uso religioso da Ayahuasca

• Ano de defesa: 2011
• Autor(a) principal: Cavalcante, Carlos Henrique de Aragão
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Palavras-chave em Português: Direitos fundamentais; Liberdade religiosa; Legalização; Comunitarismo; Reconhecimento; Ayahuasca
• Link de acesso: http://www.repositorio.ufc.br/handle/riufc/12608

The purpose of this study is to study the legalization of the religious use of ayahuasca by means of a politics of recognition. For this, the communitarian perspective, especially the one proposed by Charles Taylor, is used to understand this politics of recognition. The first chapter analyzes the tolerance as a starting point for understanding the differences with the other, not only as a negative tolerance, which presupposes the existence of a power relationship between those who tolerate and the one that are tolerated but especially as positive tolerance . It is studied also the arguments of contractarian liberalism, and the arguments of communitarianism, as distinct ways that seek to justify the existence of fundamental rights. Also in the first chapter it is addressed the factual support of the fundamental right to religious freedom as a complex issue that cannot be treated as abstract and a priori. In the second chapter, are exposed two influential versions of classical liberalism: the version of John Locke and John Stuart Mill. At the end of the chapter, it is presented the criticisms made by Charles Taylor to the liberal model, especially regarding the theme of the punctual self. The third chapter covers the tracing history of the three most popular ayahuasca religions, Santo Daime, União do Vegetal and Barquinha. It is analyzed also the process of religious legalization of ayahuasca use in Brazil, from the 80's. In the fourth chapter, deals with the politics of recognition by Charles Taylor. It explains, furthermore, a specific proposal in favor of recognition of the religious use of ayahuasca.