A limitação ao direito de reunião como expressão religiosa em tempos de crise sanitária

Abstract

Considering that the Brazilian State welcomes pluralism and religious diversity, recognizing the importance of religions for millions of believers, the present study aimed to analyze the tension between the right to religious meetings and the right to public health in the period of the pandemic. As a justification for the development of the present study, according to the analysis, it is admissible to identify that the possible suppression of rights and personal guarantees due to the nature of urgency, may cause dangerous precedents regarding the application of constitutional principles, that, at times, fall into disarray within the limits established by the Original Constituent Power. Therefore, the methodology applied for the development of the present study involved a bibliographic review. The research carried out has an exploratory- descriptive nature, having a qualitative character. It was concluded that the most acute actions referring to normative state measures against freedom of religious worship have been evaluated as being invalid by the Judiciary Powers of some US States, based on pluralism, tolerance and judgment in the conflict between health and religion, accepting limitations (not deletions) in the practice of in-person ceremonies (of all faiths and creeds) even in the midst of the Covid-19 pandemic.