ANALYSIS OF THE CASE RE494.601 IN THE LIGHT OF THE HERMENEUTIC CRITICISM OF THE LAW: RELIGIOUS SLAUGHTER AND THE TENSION BETWEEN THE RIGHT TO RELIGIOUS FREEDOM, ENVIRONMENTAL PROTECTION AND ANIMAL PROTECTION

• Autor(a) principal: da Silveira Fernandes, Geovana Faza
• Data de Publicação: 2023
• Outros Autores: Gama de Miranda Netto, Fernando
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Lex Humana
• Texto Completo: https://seer.ucp.br/seer/index.php/LexHumana/article/view/2388
• topic: RELIGIOUS SACRIFICE OF ANIMALS; RELIGIOUS FREEDOM; RE494.601; HERMENEUTIC CRITIQUE OF LAW; SACRIFÍCIO RELIGIOSO DE ANIMAIS; LIBERDADE RELIGIOSA; RE494.601; CRÍTICA HERMENÊUTICA DO DIREITO

This work analyzes the tension between the fundamental right to religious freedom and the protection of environment and the protection of animals, based on the issue raised in RE 494.601/2006, questioning the constitutionality of the Rio Grande do Sul law that allowed the sacrificial slaughter of animals in the exercise of freedom of belief. In this way, the research aims to launch reflections on the contours of the protection of religious freedom from the perspective of the dignity of the human being and the postulate of secularism of the State, starting from a bibliographical review and a study of the judgment of the Federal Supreme Court, as well as how to analyze the issue having as theoretical focus the Hermeneutic Critique of Law (HCL) and its guiding assumptions. This study is justified insofar as the theme still has a stir and is of particular importance in the national scenario, either because of the need to protect religious freedom, or because of the profusion of prejudiced manifestations in relation to the religions of African matrix. Finally, it is concluded, from the perspective of HCL, that a constitutionally adequate solution is possible that guarantees the protection of religious manifestations, religious freedom and conscience, equality, and non-prejudice, while it values the protection to fauna and environment.