RT Article
T1 Investigations on the use of limitations to freedom of religion or belief in Brazil
JF Religion and human rights
VO 15
IS 1/2
SP 77
OP 95
A1 Alves Pinto, Thiago
A1 Souza Alves, Rodrigo Vitorino
LA English
PB Brill, Nijhoff
YR 2020
UL https://www.ixtheo.de/Record/1698808771
AB The present article analyses cases from top Brazilian courts and has received contributions from several scholars, practitioners, and public officials to better understand the use of limitations to freedom of religion or belief in the country. The Brazilian Constitution provides for the right to freedom of religion or belief as a fundamental right, and other domestic legislation regulate the right, including those implementing international human rights treaties that Brazil has ratified. These laws are easily accessible. Nevertheless, domestic courts seldom rely on such international instruments or the case-law of international bodies in their judgments. Therefore, although these instruments are in force in Brazil, domestic courts do not expressly use or refer to the clauses of permissible limitations of the relevant international and regional human rights instruments, creating a scenario with low levels of legal certainty for those seeking the protection of the right to freedom of religion or belief.
K1 Brazil
K1 freedom of religion or belief
K1 Human Rights
K1 limitation clauses
DO 10.1163/18710328-BJA10004