Liberdade religiosa como direito humano internacional

Abstract

This research seeks to study the right to freedom of religion, conscience and belief in the light of international law. Religious conflicts are common in history and have never ceased to happen. However, within the scope of the construction of an International System of Human Rights, the appreciation of religious freedom as a fundamental human right brought the appreciation of individual and collective freedom to exercise religion. Initially, the formulation of the right to religious freedom is analyzed in the debates during the construction of the United Nations and the subsequent pacts and declarations within the International System of Human Rights that affirm the right to religious freedom, the most important being the UN Charter, the Universal Declaration of Human Rights and the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief. Then, the right to freedom of religion, conscience and belief within the Inter-American System of Human Rights is analyzed. In this case, particular emphasis is on the American Convention on Human Rights, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, where cases of violation of the right to religious freedom are analyzed and the recommendations to Brazil regarding violations of this right. Finally, the Brazilian constitutional legislation that deals with freedom of religion, recommendations from international entities on the exercise of religious freedom in Brazil, as well as decisions issued within the scope of the Federal Supreme Court, are analyzed.