Entre Cristo e Têmis : embates entre ensinamentos de igrejas e decisões judiciais pós-1988 ...

Abstract

Religious liberty is a fundamental right of the human person, within reason, constitutional dignity prescribes the biggest law of our country. It understands the right of choice or to adhere to a belief or religion. On the other hand, the Brazilian State, that is secular, also by express constitutional determination, should garantee him of that right. However, what happens in some situations, some truths supported by the church, and, consequently by, his followers, this clashes with others fundamental rights, such as the life, the citizenship and the dignity of the human person. The most famous cases involve those that involve the interruption of the pregnancy for anencephalic fetuses and euthanasia/ortothanasia. This thesis analyze the behavior of the Justice System when faced with these situations, the influence of the religious convictions of the magistrate, the pressures exercised by the Church and by the public's social movements regarding human rights and, in the end, build a rational discussion regarding the relationship between science (law) and religion