A intolerância contra religiões de matriz africana: ofensas às garantias do direito brasileiro contemporâneo

Abstract

The guarantee of religious freedom is based on the perspective of the individual's free choice for his religious orientation and does not end with his individual belief, but also includes religious practice and freedom of worship, which are constitutional principles, because religious freedom presumes the its free manifestation. According to modern constitutional doctrine, the founding guidelines of fundamental rights not only have the function of rights of defense, since they not only guarantee the protection of the individual against undue and inappropriate state interventions, but also give the obligation to the State, the duty to adopt measures designed to protect the exercise of these rights, against disturbing and harmful actions from third parties, especially against practitioners of African-based religions. The issue of religious intolerance has been occurring since the beginning of human history, and as far as African religions are concerned, it comes in the context of the colonization of the country where blacks were brought to work as slaves, bringing their cultures and beliefs, surviving on the basis of struggle, perseverance and persecution. The

demonization of Afro-Brazilian rites is generally done by Christian and Neo- Pentecostal religions, and can be considered as religious violence. Religious

intolerance falls into discrimination, is typified as a crime, having as its characteristic elements mocking, preventing and vilifying, configuring the crime together with the deceit. In discriminatory cases, with incitement to violence, freedom of expression constitutes a situation that does not fall within the scope of protection, causing aggression to the right of the other, and those responsible must be punished according to the law.