O conflito entre liberdade religiosa do menor e o poder familiar dos pais

Abstract

Religious freedom is a fundamental right widely recognized in the Brazilian legal order, also regarding the disableds, being especially protected in the case of minors, through the Convention on the Rights of the Child and by the Statute of Children and Adolescents, and as well as the Constitution guarantees everyone the freedom of belief and worship. Occurs that the legal order also recognizes the legal guardians, usually their parents , the parent power that was once known as parental rights and still carries much the connotation of hierarchy and authority provided by this institute, but today is not maintained. The parent power, especially in its educational function, imposes the duty of parents to educate their children, there may be included religious training of the child. In this paper, it analyzes the tension that took place between the duty of care of parents, including educational purpose, the protection of the autonomy of the minors in development and religious freedom, to seek ways to reconcile the constitutional principles in apparent conflict. The methodology used was based on descriptive- analytic study, developed through research and jurisprudential literature predominantly national. It was concluded in this study that, in the event of any conflict between religious freedom and the parent power, the solution will pass by the principle of the best interests of the child, therefore the role of parents is to educate and not impose religion, this is the position embraced by the Courts.