Religious proselytism of the employee in the workplace: the search for a reasonable legal balance between gag and abusive speech

• Autor(a) principal: Santos Junior, Aloisio Cristovam dos
• Data de Publicação: 2020
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Espaço Jurídico/Espaço Jurídico Journal of Law
• Texto Completo: https://periodicos.unoesc.edu.br/espacojuridico/article/view/20080
• topic: Religious freedom; Religious proselytism; Employee; Workplace; Liberdade religiosa; Proselitismo religioso; Empregado; Ambiente de Trabalho

The purpose of this article is to investigate, from the point of view of the Brazilian constitutional order and the guiding principles of Labor Law, the limits to the exercise of religious proselytism by the employee in the workplace, safeguarding its importance to the construction and effectiveness of the fundamental right of religious freedom. It is maintained that it is not lawful for the employer to put a gag on his employee preventing him from expressing, at any time and in any circumstance, his religious beliefs, even if he does so for the purpose of obtaining adherents to a particular religion. However, it is accepted that the restrictions or even the prohibition of religious proselytism are legitimate and therefore exclude the employer's duty to tolerate or accommodate his practice when the employee expresses the abuse of rights in his exercise. In this case, the employee who practices abusive proselytizing is responsible for the damages caused by his actions and must suffer the proper legal sanctions.