WOMEN'S RIGHTS AND FREEDOM OF BELIEF IN BRAZIL: religious cooperation and State secularism from the "Catholics for a Free Choice" case

Religious cooperation and State secularism from the "Catholics for a Free Choice" case

Abstract

Catholics for a Free Choice is a feminist religious association that combines elements of faith with political activism in vindication of women's rights. As a research problem, the pertinence of the application of religious doctrines and norms in the decision of the State of São Paulo’s Court of Justice, that condemned the Brazilian group to abstain from the word “catholics” in its denomination, was investigated. The reasoning based on international rules from Canon Law and the Concordat between Brazil and the Holy See were explored in confrontation with the freedom of religion of Brazilian citizens and state secularism. As general aims, the religious dissent that the association represents was pointed out, as the applicability of the agreement between Brazilian government and the Holy See related to the juridical status of the Catholic church in the country (Decree n. 7,107/10). As a specific aim, it was demonstrated that fundamental rights should not be suppressed based on extra-normative, spiritual foundations. To carry out the research, the case study method was used to analyze the adjudication. The conclusions lead to the perception that, although religion is intrinsic to the conduct of Justice, it cannot be employed as justificatory of the suppression of women's fundamental rights.