Religious Pluralism And Law In Contemporary Brazil

This book represents a unique contribution to understanding the interactions between law and religion in contemporary Brazil. It analyzes how the regulation of religions according to the classical notion of secularism has become a source of tensions since the 1990s. Against this background, the respective chapters demonstrate, on the basis of various case studies, how the constitutional principle of pluralism, introduced by the 1988 federal constitution after a military dictatorship, has been addressed by new political actors, such as religious leaders, parliamentarians, influencers, state representatives, and activists. In particular, the chapters demonstrate how the mobilization of legal language, notably the language of human rights, has become fundamental to developing and consolidating new political agendas concerning secularism, tolerance, freedom of expression, gender and sexuality, family, and cultural heritage. In the authors’ approach, human rights assume a central role in social disputes as a language in which actors constitute themselves as rights subjects, form activist networks, and pursue their goals by expressing themselves in public. Given its focus and scope, the book will be of interest to all scholars seeking to understand the relationships between diversity and the regulation of religious practices in plural societies, where the classical notion of secularism continues to show its limitations.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Brazil deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in Brazil. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.

The story of how Brazilian Catholics and Protestants confronted one of the greatest shocks to the Latin American religious system in its 500-year history This innovative study explores the transition in Brazil from a hegemonically Catholic society to a religiously pluralistic society. With sensitivity, Erika Helgen shows that the rise of religious pluralism was fraught with conflict and violence, as Catholic bishops, priests, and friars organized intense campaigns against Protestantism. These episodes of religious violence were not isolated outbursts of reactionary rage, but rather formed part of a longer process through which religious groups articulated their vision for Brazil’s national future.

In recent years, there have been a number of concerns about the recognition of religious laws and the existence of religious courts and tribunals. There has also been the growing literature on legal pluralism which seeks to understand how more than one legal system can and should exist within one social space. However, whilst a number of important theoretical works concerning legal pluralism in the context of cultural rights have been published, little has been published specifically on religion. Religion and Legal Pluralism explores the extent to which religious laws are already recognised by the state and the extent to which religious legal systems, such as Sharia law, should be accommodated.

Brazil is a rapidly emerging country. Brazilian theology, namely the Theology of Liberation, has become well known in the 1970s and 1980s. The politically active Base Ecclesial Communities and the progressive posture of the Roman Catholic Church contrasted with a steadily growing number of evangelicals, mostly aligned with the military regime but attractive precisely to the poor. After democratic transition in the mid-1980s, the context changed considerably. Democracy, growing religious pluralism and mobility, a vibrant civil society, the political ascension of the Worker's Party and growing wealth, albeit within a continuously wide social gap, are some of the elements that show the need of a new approach to theology. It must be a theology that is both critical and constructive, resisting and cooperative, a theology that is able to give orientation to the churches, valuing and encouraging their contribution in society while avoiding attempts of imposition. The Churches and Democracy in Brazil, the fruit of years of interdisciplinary study of the Brazilian context and its main churches and theology, makes its case for an ecumenically articulated public theology. It seeks inspiration mainly in Luther and Lutheran theology, emphasizing human dignity, freedom, trust, the disposition to serve, and the ability to endure the ambiguities of reality, as well as a fresh interpretation of the doctrine of the two regiments. These are the fundamental elements of what makes human beings full members of the body politic: citizenship, their right to have rights and to be able to effectively live them, together with their corresponding duties, in a move of growing political participation conscious of their religious motivation in view of the commonweal.

This book brings social and cultural issues to the fore that are especially important for, but not exclusive to, the Brazilian religious context. How to deal with cultural, ethnic, and religious diversity? What is the role of religious education in public schools? Is there a convergence between human rights, religion, and theology? In what way have churches and social movements contributed toward the res publica? The book's contributors discuss these issues in dialogue with the concept of public theology, evaluating its pertinence and shaping its meaning in a Latin American perspective. (Series: Theology in the Public Square / Theologie in der Offentlichkeit - Vol. 6)

In legal discourses on rights, freedom of religion occupies a pivotal position, receiving increasing attention from legal bodies. This book critically evaluates the emerging legal principles and standards that are applied to religious freedom in Europe. Focusing on religious pluralism as an interpretational principle stemming from attempts to define the boundaries of freedom of religion, it examines the expansion of religious pluralism as an underlying principle of different rights regimes and constitutional traditions. It is, however, the static and liberal shape this principle has assumed that is taken up critically here, to reconstruct the possibility of a true religious pluralism.

This book examines the relation between religion and jurisprudence, God, and peace respectively. It argues that in order to elucidate the possible role religion can play in the contemporary world, it is useful to analyse religion by associating it with other concepts. Why peace? Because peace is probably the greatest promise made by religions and the greatest concern in the contemporary world. Why jurisprudence? Because, quoting Kelsen’s famous book "Peace through Law", peace is usually understood as something achievable by international legal instruments. But what if we replace "Peace through Law" with "Peace through Religion"? Does law, as an instrument for achieving peace, incorporate a religious dimension? Is law, ultimately, a religious and normative construction oriented to peace, to the protection of humanity, in order to keep humans from the violence of nature? Is the hope for peace rational, or just a question of faith? Is religion itself a question of faith or a rational choice? Is the relatively recent legal concept of “responsibility to protect” a secular expression of the oldest duty of humankind? The book follows the structure of interdisciplinary research in which the international legal scholar, the moral philosopher, the philosopher of religion, the theologian, and the political scientist contribute to the construction of the necessary bridges. Moreover, it gives voice to different monotheistic traditions and, more importantly, it analyses religion in the various dimensions in which it determines the authors' cultures: as a set of rituals, as a source of moral norms, as a universal project for peace, and as a political discourse.