Análise crítica da laicidade nas instituições públicas brasileiras e do posicionamento dos tribunais pátrios acerca do tema

Abstract

This work will take care of analyzing the secularism in the brazilian public space and define terms related to religious activities at the state, defining the meaning of religion and the constitutional principles involved in the conducts that eventually hurt the exemption of the Government in relation to the confessional systems. Therefore, research has been done on the behavior of Brazilian public institutions, at all levels, describing some examples that emblematically represent the situation as a whole in order to inquire any tendency towards any religious proselytism. Having made this factual description, will be analyzed the acting of various patriotic courts and tribunals, when it comes to cases that are put under judicial discussion, checking also if there is a pattern in the judicial decisions, tending to any of the sides. Some foreign judicial decisions will also be exposed. Finally, the work will attempt to point out some directions to be followed by the brazilian public institutions with regard to the obedience to secularism, avoiding the religious subvention and the antireligious laicism, endorsing the neutrality required by the constitutional dictates.