Our
Daily
Law
XIX Yearly International Simposium
Law and Religion
BYU - Utah/USA
Speaker
Prof. Gilberto Garcia
J.D., Post Graduate, Masters of Law,
University Professor, Writer and Current
Member of the Institute of Brazilian
Lawyers
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“Blessed are they that keep
judgment, and he that doeth
righteousness at all times”.
Psalms 106:3
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Religious Liberty
and The
Constitution of the
Federal Repulic of
Brazil
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Religious Liberty and the CRFB
The Relationship of
Church and State
Confusion
State’s Confusion With
Religion
Theocratic State
The Vatican City
Islamic States
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Religious Liberty and the
CRFB
Union
The Relationship of
Church and State
Legal-Religious Relations
Clerical State
Governmental Participation
BRAZIL Colonial Empire (1500-1890)
England
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Religious Liberty and the CRFB
The Relationship of
Church and State
Separation
No State Religion – Layman
No Official Religion
Colaboration
Brazilian Republic(1891)
United States of America
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Religious Liberty and the CRFB
Brazilian History
The Constitution of the Empire - 1824
Official Religion
Tolerance of Beliefe
5th Art.: Roman Catholicism
will continue to be the religion of the Empire.
All of the other religions will be permited with
their particular domestic worship, in dedicated
buildings, without the appearance of a church
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Religious Liberty and the CRFB
Brazilian History
Decree 119-A, 7.1.1890
Freedom of Worship
Maintenance Grant
Official Church, The State
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Religious Liberty and the CRFB
Brazilian History
Religious Liberty
Republican Constitution - 1891
Art. 72 § 7, No cult or church will be
granted rights to legally officiate, nor
will it have dependant relationships or
alliances with the Union or States.
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Religious Liberty and the CRFB
Brazilian History
Religious Liberty
Republican Constitution - 1891
Art. 72 § 3, All individuals and
religious confessions can exercise
publicly and freely its worship,
associated with this end...
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Religious Liberty and the CRFB
Brazilian History
Constitution of 1934
Civil Justice Personality
Churches: Religious Associations
Civil Code of 1916
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Religious Liberty and the CRFB
Religious
Constitutional
Prerogatives
Brazil
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Religious Liberty and the CRFB
Two Legal
Paradigms
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Religious Liberty of the CRFB
Church SeparationState Freedom of
Worship
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Religious Liberty and the CRFB
Christian GrowthProtestants
40 million - 20%
2010 Census- IBGE
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Religious Liberty and the CRFB
Art. 5, Inciso VI,
XVI to XXI
Art.19, Inciso I
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Religious Liberty and the CRFB
Freedom of Belief
Art. 5, VI, CRFB/1988
Freedom of conscious and
belief are invioulabe.
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Religious Liberty and the CRFB
Freedom of Worship
Art. 5, VI, CRFB/1988
Being assured of the free
exercise of religious worship.
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Religious Liberty and the CRFB
Local Protection of Worship
Art. 5, VI, CRFB/1988
... and granted by law,
protection for the places of
worship, and their rituals.
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Religious Liberty and the CRFB
Law
Religious Option
Art. 5, VIII, CRFB/1988
No one can be deprived of
rights for religious beliefs ...
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Religious Liberty and the CRFB
SEPARATION : CHURCH - STATE
Art. 19, CRFB/1988
Is given to and only to the
Union, the States, the Federal
District, and municipalities:
I – TO ESTABLISH
RELIGIOUS GROUPS OR
CHURCHES, ...
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Religious Liberty and the CRFB
SEPARATION : CHURCH - STATE
Art. 19, CRFB/1988
Is given to and only to the Union, the
States, the Federal District, and
municipalities:
I – ... to assign, interfere with the
function of, or maintain dependent
relationships or agreements...
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Religious Liberty and the CRFB
SEPARATION : CHURCH - STATE
Art. 19, CRFB/1988
Is given to and only to the Union,
the States, the Federal District,
and municipalities:
I – ... Except, as Law, the
collaboration of public
interest;...
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Religious Liberty and the CRFB
SEPARATION : CHURCH - STATE
Art. 150, Inciso: VI, b, § 4º, CRFB/1988
Tax exemption
Federal: IR, State: ICMS and Municipalities: IPTU
“... Notwithstanding ohter garantees ensured to the
taxpayer, it is forbidden to the Union, the States,
the Federal Discrit and the municipalities ...”, “...
VI – Institute taxes on: a) ...; b) any Temples of
worship ...”. “§ 4º - The prohibitions set forth in
section VI, "b" and "c", include only the
property, income and services related to the
essential purposes of the entities mentioned
therein.”
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Religious Liberty and the CRFB
SEPARATION
&
COLABORATION
• Religious Assistance
Art. 5º, Item: VII;
• Religious Education
Arts. 210, §1º; 213, I, II;
• Religious Wedding
Art. 226, § 2º;
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Religious Liberty and the CRFB
Legal Prerogative
Ordinary
Standards
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Religious Liberty and the CRFB
Civil Code 2002
RELIGIOUS CIVIL MARRIAGE
WITH CIVIL EFFECTS
Chuches
Faculty of officiating
Validation Requirement for the
Clerk of the Civil Registry
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Religious Liberty and the CRFB
Art. 217, Código de
Processo
Civil
(Exceptional Circumstances) –
They shall not, however, [],
except to prevent the extinction
of the law.
Item II – to whom is watching any
act of worship;”
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Religious Liberty and the CRFB
Lei 9.459, 13.05.97
Religious Discrimination
Art. 20, Practice, induce or
incite discrimination or
prejudice based on race,
color, ethnicity, religion or
nation origin.
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Religious Liberty and the CRFB
Art. 208, Criminal Code
(Offence to worship and hindrance or
disturbance to act on it) – publicly
mock someone for reasons of belief
or religious function; prevent or
disrupt ceremony or practice of
religious worship; publicly vilify act
or object of worship ...”
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Religious Liberty and the CRFB
Silent Legislation
Legislation # 6.938/81
Decreee # 99.274/90
Resolution CONAMA 1990
National Program for Education and Control of
Noise Pollution Silence -ABNT
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Religious Liberty and the CRFB
The statute of the city
Legislation 10.257/01
Neighborhood impact
study
Set Standards in
Municipal Laws
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Religious Liberty and the CRFB
Convention Brazil-Vatican
Decree:7.107/2010
Agreement Brazil Santa-Sé
General Law on Religions
Bill 5598/2010
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INVIOLABLE HOME LAW
Art. 5º, Item XI
Without permission, you are not allowed
to enter a home.
Is protected by the Constitution.
However, there are some exceptions:
Flagrant crime, to provide assistance, or if
disaster strikes.
Another assumption is provided.
But only during the day if permitted by
the judge.
CD CANTE DIREITO – Constitucional I
Prof.: Ezequiel Balthazar
Gravado e mixado no Estúdio Áudio Master, março/2001
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O DIREITO NOSSO DE CADA DIA ©
Consultoria de Soluções Jurídicas
Telefax: (21)2696-5244 / Celular 9912-6678
E-mail: advgilgarcia@openlink.com.br
Rua dos Expedicionários, 83/103 - Centro
São João de Meriti - RJ - CEP 25.520-590
“And let the beauty of the Lord our God be upon us:
and establish thou the work of our hands upon us;
yea, the work of our hands establish thou it.”
Psalms 90:17 NTLH
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