OurDailyLaw XIX Yearly International Simposium Law and Religion BYU - Utah/USA Speaker Prof. Gilberto Garcia J.D., Post Graduate, Masters of Law, University

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XIX Yearly International Simposium Law and ReligionBYU - Utah/USA

Speaker

Prof. Gilberto Garcia J.D., Post Graduate, Masters of Law,

University Professor, Writer and Current Member of the Institute of Brazilian

Lawyerswww.direitonosso.com.brwww.direitonosso.com.br

“Blessed are they that keep judgment, and he that doeth righteousness at all times”.

Psalms 106:3

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Religious Liberty and The Constitution of the Federal Repulic of Brazil

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Religious Liberty and the CRFBThe Relationship of

Church and State

ConfusionState’s Confusion With

ReligionTheocratic StateThe Vatican CityIslamic States


Religious Liberty and the CRFB

The Relationship of Church and State

UnionLegal-Religious RelationsClerical StateGovernmental ParticipationBRAZIL Colonial Empire (1500-1890)England

UnionLegal-Religious RelationsClerical StateGovernmental ParticipationBRAZIL Colonial Empire (1500-1890)England


Religious Liberty and the CRFBThe Relationship of

Church and State

SeparationNo State Religion – LaymanNo Official ReligionColaborationBrazilian Republic(1891) United States of America


Religious Liberty and the CRFB Brazilian History

The Constitution of the Empire - 1824

Official ReligionTolerance of Beliefe

5th Art.: Roman Catholicismwill continue to be the religion of the Empire. All of the other religions will be permited withtheir particular domestic worship, in dedicated

buildings, without the appearance of a church

The Constitution of the Empire - 1824

Official ReligionTolerance of Beliefe

5th Art.: Roman Catholicismwill continue to be the religion of the Empire. All of the other religions will be permited withtheir particular domestic worship, in dedicated

buildings, without the appearance of a church



Decree 119-A, 7.1.1890 Freedom of Worship

Maintenance GrantOfficial Church, The State


Religious Liberty and the CRFB Brazilian HistoryReligious Liberty

Republican Constitution - 1891 Art. 72 § 7, No cult or church will be

granted rights to legally officiate, nor will it have dependant relationships or alliances with the Union or States.


Religious Liberty and the CRFB Brazilian HistoryReligious Liberty

Republican Constitution - 1891

Art. 72 § 3, All individuals and religious confessions can exercise publicly and freely its worship, associated with this end...



Constitution of 1934Civil Justice PersonalityChurches: Religious Associations

Civil Code of 1916www.direitonosso.com.brwww.direitonosso.com.br

Religious Liberty and the CRFB Religious

Constitutional Prerogatives

Brazil



Two Legal Paradigms


Religious Liberty of the CRFB

Church Separation- State Freedom of

Worshipwww.direitonosso.com.brwww.direitonosso.com.br


Christian Growth-Protestants

40 million - 20% 2010 Census- IBGE



Art. 5, Inciso VI,

XVI to XXI

Art.19, Inciso Iwww.direitonosso.com.brwww.direitonosso.com.br


Freedom of Belief

Art. 5, VI, CRFB/1988Freedom of conscious and

belief are invioulabe.



Freedom of Worship

Art. 5, VI, CRFB/1988Being assured of the free

exercise of religious worship.


Religious Liberty and the CRFB Local Protection of Worship

Art. 5, VI, CRFB/1988... and granted by law,

protection for the places of worship, and their rituals.


Religious Liberty and the CRFB Law

Religious Option

Art. 5, VIII, CRFB/1988No one can be deprived of rights for religious beliefs ...


Religious Liberty and the CRFB SEPARATION : CHURCH - STATE

Art. 19, CRFB/1988Is given to and only to the

Union, the States, the Federal District, and municipalities:

I – TO ESTABLISH RELIGIOUS GROUPS OR CHURCHES, ...



Art. 19, CRFB/1988Is given to and only to the Union, the

States, the Federal District, and municipalities:

I – ... to assign, interfere with the function of, or maintain dependent relationships or agreements...



Art. 19, CRFB/1988Is given to and only to the Union,

the States, the Federal District, and municipalities:

I – ... Except, as Law, the collaboration of public interest;...


Religious Liberty and the CRFB SEPARATION : CHURCH - STATE Art. 150, Inciso: VI, b, § 4º, CRFB/1988

Tax exemptionFederal: IR, State: ICMS and Municipalities: IPTU

“... Notwithstanding ohter garantees ensured to the taxpayer, it is forbidden to the Union, the States, the Federal Discrit and the municipalities ...”, “... VI – Institute taxes on: a) ...; b) any Temples of worship ...”. “§ 4º - The prohibitions set forth in

section VI, "b" and "c", include only the property, income and services related to the essential purposes of the entities mentioned

therein.”


Religious Liberty and the CRFBSEPARATION

& COLABORATION

• Religious Assistance

Art. 5º, Item: VII;

• Religious Education

Arts. 210, §1º; 213, I, II;

• Religious Wedding

Art. 226, § 2º;




Legal Prerogative

Ordinary

Standards

RELIGIOUS CIVIL MARRIAGE WITH CIVIL EFFECTS

Chuches Faculty of officiating

Validation Requirement for the Clerk of the Civil Registry


Civil Code 2002


(Exceptional Circumstances) – They shall not, however, [],

except to prevent the extinction of the law.

Item II – to whom is watching any act of worship;”


Art. 217, Código de Processo Civil



Lei 9.459, 13.05.97Religious Discrimination

Art. 20, Practice, induce or incite discrimination or prejudice based on race,

color, ethnicity, religion or nation origin.


Religious Liberty and the CRFBArt. 208, Criminal Code

(Offence to worship and hindrance or disturbance to act on it) – publicly mock someone for reasons of belief or religious function; prevent or disrupt ceremony or practice of religious worship; publicly vilify act or object of worship ...”


Religious Liberty and the CRFBSilent Legislation

Legislation # 6.938/81

Decreee # 99.274/90

Resolution CONAMA 1990National Program for Education and Control of Noise

Pollution Silence -ABNT


Religious Liberty and the CRFBThe statute of the city Legislation 10.257/01

Neighborhood impact study

Set Standards in Municipal Laws


Religious Liberty and the CRFBConvention Brazil-Vatican

Decree:7.107/2010Agreement Brazil Santa-Sé

General Law on Religions

Bill 5598/2010


INVIOLABLE HOME LAWINVIOLABLE HOME LAW Art. 5º, Item XI

Without permission, you are not allowed to enter a home.Is protected by the Constitution.

However, there are some exceptions:Flagrant crime, to provide assistance, or if disaster strikes.

Another assumption is provided.But only during the day if permitted by the judge.

CD CANTE DIREITO – Constitucional IProf.: Ezequiel Balthazar

Gravado e mixado no Estúdio Áudio Master, março/2001


O DIREITO NOSSO DE CADA DIA ©O DIREITO NOSSO DE CADA DIA ©

Telefax: (21)2696-5244 / C elular 9912-6678E -m ail: a d vg ilg a rc ia@ o p en lin k .co m .b rR ua dos Expedicionários, 83/103 - CentroSão João de M eriti - R J - C EP 25.520-590

Consultoria de Soluções Jurídicas

““And let the beauty of the Lord our God be And let the beauty of the Lord our God be upon us: and establish thou the work of our upon us: and establish thou the work of our hands upon us; yea, the work of our hands hands upon us; yea, the work of our hands establish thou it.” Psalms 90:17 NTLHestablish thou it.” Psalms 90:17 NTLH


Documents

OurDailyLaw XIX Yearly International Simposium Law and Religion BYU - Utah/USA Speaker Prof. Gilberto Garcia J.D., Post Graduate, Masters of Law, University