O Direito fundamental à liberdade religiosa: análise das tensões e possibilidades atuais à luz da Constituição Federal

Abstract

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.