Vá se queixar ao bispo: Direito Fundamental à liberdade religiosa e a limitação de cultos religiosos no Ceará durante a pandemia de Covid-19

Abstract

This study aimed to analyze from the Federal Constitution of 1988 and recent jurisprudence of the Federal Supreme Court on the legality of state decrees, the occurrence of a possible affront to the fundamental right to freedom of worship in Decree No. 33.519, of March 19, 2020, of State of Ceará. Therefore, as a method of data collection, bibliographical research was used, through a survey carried out in a diversified theoretical framework. Based on the analysis of the content obtained, we proceeded to understand the religious phenomenon in its historical aspects, managing to apprehend it; fundamental rights were examined from the perspective of Robert Alexy, verifying the collision between the right to life and freedom of worship; Decree No. 33.519/2020 was investigated, and no offense to the freedom of belief and worship was identified; recent decisions by the Supreme Court about the legality of the normative act in question were observed, noting the overcoming of the conflict between the federative entities and it was noticed the non-occurrence of threats to individual rights that could be generated with the issuance of decrees in periods of a pandemic. Finally, through the study carried out, it was possible to verify the absence of affront to the fundamental right to freedom of worship through the use of the principle of proportionality and its sub principles. Keywords: Federal Constitution; Fundamental Rights; Religious Freedom; Covid-19 Pandemic; State of Ceará.