Liberdade religiosa como direito da personalidade

• Autor(a) principal: Campos, Margareth de Jesus Lisboa Cutrim
• Data de Publicação: 2023
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/36265
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Direito; Personalidade; Liberdade; Liberdade religiosa; Law; Personality; Freedom; Religious freedom

Freedom for the individual is achieved when all people are free from imposition, without violating the ideas of others. This diversity of thought and opinion is what makes countries successful. The objective of this study is to promote critical reflection on religious freedom as a right of the personality, for this purpose a bibliographical research was used as a methodological procedure with a survey of the bibliographical collection in theses, dissertations, articles and news, as well as the jurisprudence about of the theme. Thus, the study was developed in six chapters presenting from: principles and fundamental rights, as well as the rights of the personality and the right to freedom, where it will keep the focus on the conquest of religious freedom in Brazil, as well as the comparative law applied to freedom of the Brazilian and international legal systems, with a focus on the North American and German legal systems to be compared to the Brazilian one. The study concludes that personality rights contribute to building a person's identity and can be encompassed in a significant number of other rights, as well as the right to freedom. Therefore, in the subjective conception of this right, it is an individual right of the human person protected in the constitutional order, pointing to the State and other civil individuals an objective right to provide the effective exercise of religious freedom and must be treated judicially as a right of personality.the effective exercise of religious freedom and must be treated judicially as a right of personality