Investigations on the use of limitations to freedom of religion or belief in Brazil
The present article analyses cases from top Brazilian courts and has received contributions from several scholars, practitioners, and public officials to better understand the use of limitations to freedom of religion or belief in the country. The Brazilian Constitution provides for the right to fre...
| Subtitles: | Special Issue: Limitations to Freedom of Religion or Belief in Theory and Practice, edited by Nazila Ghanea & Thiago Alves Pinto |
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| Main Author: | |
| Contributors: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | |
| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
2020
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| In: |
Religion and human rights
Year: 2020, Volume: 15, Issue: 1/2, Pages: 77-95 |
| RelBib Classification: | AA Study of religion AB Philosophy of religion; criticism of religion; atheism AD Sociology of religion; religious policy KBR Latin America XA Law ZC Politics in general |
| Further subjects: | B
limitation clauses
B freedom of religion or belief B Human Rights B Brazil |
| Online Access: |
Volltext (Resolving-System) |
| Summary: | The present article analyses cases from top Brazilian courts and has received contributions from several scholars, practitioners, and public officials to better understand the use of limitations to freedom of religion or belief in the country. The Brazilian Constitution provides for the right to freedom of religion or belief as a fundamental right, and other domestic legislation regulate the right, including those implementing international human rights treaties that Brazil has ratified. These laws are easily accessible. Nevertheless, domestic courts seldom rely on such international instruments or the case-law of international bodies in their judgments. Therefore, although these instruments are in force in Brazil, domestic courts do not expressly use or refer to the clauses of permissible limitations of the relevant international and regional human rights instruments, creating a scenario with low levels of legal certainty for those seeking the protection of the right to freedom of religion or belief. |
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| ISSN: | 1871-0328 |
| Contains: | Enthalten in: Religion and human rights
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| Persistent identifiers: | DOI: 10.1163/18710328-BJA10004 |