A intolerância contra religiões de matriz africana: ofensas às garantias do direito brasileiro contemporâneo
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Date
2020-12-11
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Universidade Católica do Salvador
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.
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Keywords
Direito fundamental, Intolerância religiosa, Liberdade religiosa, Matriz africana, Fundamental right, Religious intolerance, Religious freedom, African matrix