A tutela da "liberdade religiosa" por meio do processo coletivo: reflexões à luz do ordenamento jurídico brasileiro

Abstract

The Constitution of Federative Republic of Brazil (1988) confers to ‘religious liberty’ the status of fundamental right. In spite of Constitution rule concerning fundamental rights refer to ‘individual and colective rights’, ‘religious liberty’ is often recognized as an individual right by Brazilian jurists. The religion - and consequently the ‘religious liberty’ – has a very relevant class aspect, because rites, cults, sacred places, beliefs, and so many elements related to it are shared by groups, colectivities. ‘Religious liberty’, according to Brazilian law, is not just a individual right, but also a ‘group right’, and its protection can be demanded via brazilian class action.