A influência religiosa e o princípio da laicidade na constituição federal de 1988: uma breve análise das principais divergências

Abstract

It seeks to analyze the principle of secularism in parallel with the religious influence in the Federal Constitution of 1988 and its provisions. In order to do so, a study of the essential concepts related to the theme of secularity is carried out, as well as an examination of the historical panorama from the colonial period, through all the brazilian constitutions, until the emergence and contours are indicated during the time of the subject of this study. It follows an analysis of the postulate in relation to the Federal Constitution of 1988, demonstrating the framework of devices from which the principle of secular state is withdrawn, starting with its definition as an implicit constitutional principle. Finally, we study the constitutional devices considered divergent and sources of conflicts within brazilian secularity, demonstrating the favorable and unfavorable hypotheses, in search of a practical dimension of the Brazilian secular State, as well as proposing a solution to the related conflicts or demonstrating their conformity with constitutional principles. Brazilian secularism is a solidified principle in the brazilian constitutional text, however there are still cases within our charter in which it is not properly enforced, and there is room for constitutional evolution of the principle under study. This evolution is essential for the realization of a democracy more in keeping with the ideals of equality and freedom.