“Laico, mas nem tanto”: cinco tópicos sobre liberdade religiosa e laicidade estatal na jurisdição constitucional brasileira

Abstract

Having as stand point a comprehensive case search at Brazilian Courts (STF, STJ, TRFs and State Courts), this research has as objective identifying the position of the Courts in five issues related to the religious freedom and establishment clauses. To achieve this goal, it describes the cases and decisions, focusing on the identification of the standards adopted by the judges; adherence to previous cases; presence of constitutional transplant and acceptance of amicus curiae briefs. As a complement, some analytic remarks are done in each subject. As a result, it was observed that the Courts did not develop standards or tests to guide the constitutional reasoning in these subjects matter. In some analogous cases, the decisions were divergent, even in the same Court at the same year.