Os limites da liberdade religiosa dos pais e o direito à preservação da vida dos filhos

• Autor(a) principal: Mendonça, Beatriz
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/15503
• topic: Liberdade Religiosa; Direito à Vida; Poder Familiar

The following monograph deals with the limits of the parents' religious freedom in view of the preservation of the children's right to life. In view of this inquiry, it has the general objective of determining the limits of parental power in decision-making related to health issues, well-being and children’s life based on religious principles. It also sought to analyze the dynamic relationship between State and Religion, discuss the realization of the fundamental rights, the possibility of conflicts between constitutional guarantees and establishing the appropriate methods for resolving such barriers; in particular to commend the principle of Religious Freedom and the Right to Life, delimit the limits of parental power and prove the legality of State’s intervention in the family nucleus to ensure the well-being of the child. For this purpose, the deductive approach was used for methodology, and bibliograpic and documental data were collected trough the analysis of books, articles, laws and case law. As to the level of research it corresponds to the exploratory form, in this way the approach became qualitative. Then, in the course of the monograph, it comes to conclusion that the fundamental rights may suffer reciprocal restricitions when these colide, and the analysis of the specific case is necessary to determine in the light of proportionality the measure to be applied. In relation to specific cases involving children and teenagers (article 4, single paragraph, point “a”, Statute of the Child and Adolescents) and the State’s joint and several responsibility to guarantee the right of life and health of the minor (article 277, Federal Constituition), the interests of it should prevail. Therefore, the judicial decisions restricting the religious freedom of parents in order to preserve the physical integrity of the child and the adolescent is completely legal.