A supremologia do STF frente à religião: a intervenção do Estado na liberdade religiosa

Abstract

The research topic is the relationship between the State and religion in Brazil, analyzed from the perspective of secularism and religious freedom. The objective is to analyze the relationship between the State and religion in Brazil, in light of the principle of secularism and religious freedom, with special attention to the decisions of the Supreme Federal Court. Starting from the observation that the Brazilian State, although constitutionally secular, presents ambiguous and selective practices regarding religious expressions, the research proposes a more comprehensive study on the subject, the supremacy of the STF, in order to describe how the judiciary, especially the STF, has operated as the supreme instance in defining the contours of the sacred and the secular in the public sphere. It also describes how religion, especially through religious groups, has operated to achieve hegemony. The thesis is structured around three main axes: the theoretical and historical foundation of the concept of State, religion and secularism, highlighting the evolution of human rights and the plurality of forms of secularism; This work presents an empirical examination of paradigmatic cases judged by the Brazilian Supreme Court (STF), such as those during the COVID-19 pandemic, the use of crucifixes in public spaces, confessional religious education, the use of religious clothing in official documents, etc.; and a critical problematization that denounces the selectivity and moral hegemony in judicial decisions, proposing a theological and sociopolitical reinterpretation of state action. By adopting a multidisciplinary approach that engages with Theology, Philosophy, Politics, and Law, it demonstrates that the current secular model in Brazil allows for state interference that weakens the secular state and the religious freedom of non-hegemonic groups. In this vein, "supremology" designates not only the legal power of the STF, but also its symbolic capacity to define which religious manifestations are recognized as legitimate in the public sphere. Methodologically, it adopts a historical-analytical approach, based on a review of specialized literature and the analysis of primary and secondary sources, as well as public opinion research. This research proposes pathways for building a secularism that recognizes religious pluralism as a pillar of contemporary democracy and promotes public governance committed to human rights and respect for the diversity of beliefs. Keywords: Secular.