FERNANDES, L. H. L.; http://lattes.cnpq.br/6588278779817449; FERNANDES, Leandro Henrique Lins
Resumo:
The religiosity is a phenomenon that one connects with the most intimate spheres of
the human conscience. The right of the religious freedom is inherent in the humanity.
Rare would be to find a society that had not exercised the religion and, the own one,
was making part of the history, culture and life of those people. The more factual
evidence is that no Constitution leaves considering it and one has a strongly
repercussion on the International Right. In Brazil, the first constitution to include the
right of the religious freedom was the Republican Constitution of 1891. In this mat, it
was comprised in all the subsequent constitutions. The freedom concept, in the
ample direction, retraces to the free human condition of acting. The faculty of
choosing ways without the imposition of others. The power granted to the rational
and naturally free being of acting by means of his determination. Religious freedom is
the right given to the human being to worship a god (or gods), according to his
conscience in particular and also express this worship publicly. This freedom has as
positive content four aspects, namely: the freedom of conscience, belief, worship and
religious organization. Each one with its determinative characteristics. The work
investigates the historical foundations of the legal right to religious freedom, and its
methodology methods analytical, deductive, historical and compared, using the
indirect search. The slow, gradual and continuous process of juridicity of the religious
freedom, it was Consolidated in the Constitution of 1988 as a foundational value of
human personality. Because of being a fundamental right, the religious freedom
shocks very often with other fundamental rights, causing tensions in the legal system.
Being able to mention the case of blood transfusion, guard of religious days, relations
with the environmental law, religious education in public schools and religious
orientation of the parents toward their children. For a better solution of these
tensions, it has of pointing out the concrete case, lifting the proper possibilities for a
just and efficient harmonization of the fundamental rights of the human person.