A liberdade religiosa da criança e do adolescente e a tensão com a função educativa do poder familiar

Abstract

The recognition of the underage as a subject of law and the instrumental function of the family for the well being and development of the person of its members led to changes in institute of the family power, whereby parents collect legal positions to take care of and emancipate the underage children. Insofar as the child advances in its development, its ability to hold free and responsible choices will be expanded to reach fullness. To consider the principle of human dignity, one has to wonder about the decision-making ability of the child to deal with existential aspects. This text investigates the possible right to lower the religious freedom in the face of parents, which involves a review of the child's ability to decide on belief and worship and / or to undergo the effects of that decision by parents. The central premise that is adopted is that the person endowed with the capacity for judgment and, as this, must have their choices respected, especially in terms of existential questions.