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URI Permanente desta comunidadehttps://repositorio.cesupa.br/handle/prefix/25

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A liberdade religiosa como justificativa para o custeio de tratamento alternativo de saúde por parte do Estado: uma análise do Recurso Extraordinário 979.742
(Centro Universitário do Estado do Pará, 2018-12-18) Leal, Andréa Santos Borges; Bastos, Elísio Augusto Velloso; Leal, Ana Christina Darwich Borges
The present work aims to analyze the religious phenomenon and its historical evolution, in view of the consecration of religious freedom as a human and as a fundamental right, in the various international documents, as well as in the Brazilian Constitutions, until the current context, where there are a plurality of religions. Due to such diversity, it intends to equate the problem regarding the limits within which the State can rely on a certain religious thought for the purpose of adopting, or not, specific public policy, considering that, at the same time, it needs to act in an active way, guaranteeing to all its citizens the protection of the aspects that integrate the normative scope of religious freedom, mentioning freedom of belief, proselytism, conscientious objection, freedom of worship, self-determination, etc.; just as the Public Power must maintain a certain neutrality and non-interference, so it does not privilege the majority's belief over the minority creed, thus, promoting the effective separation of Church and State, wich is relevant to the concept of the Lay State. In this bias, this research brings as an example (and as a demonstration of the problem that the effectiveness of the clause of State-Church’s separation faces), the Extraordinary Appeal n ° 979.742, which arrived at the Supreme Court to answer the question that, here, it aims to solve: can you consider religious freedom a justification for the cost of alternative health care? To get to a reasonable result, the proportionality principle will be used as a rational instrument for the collision of rights.
A proibição da educação domiciliar no Brasil e o consequente prejuízo à liberdade de ensino
(Centro Universitário do Estado do Pará, 2019-06-25) Silva, Ana Carolina Rodrigues da; Bastos, Elísio Augusto Velloso; Sá Junior, Adalberto Fernandes
This study aims to analyze how the prohibition of homeschooling violates the parents’ right of having freedom to decide about the form of education to be provided to their children. Through the analysis of the legislative and constitutional history in the Brazilian context about the subject, it was possible to notice that homeschooling was not always considered exceptional and was constantly permitted by the legal system, as well as it represented a form of teaching constantly used by the wealthiest families. It was found that there is an international tendency to permit the practice, by analyzing the international law and how the other countries deal with the situation. In another moment, brazilian cases of families that chose homeschooling were presented, demonstrating the legal insecurity caused by the lack of specific provisions in Constitution about the practice, emphasizing the judgment of the Supreme Court about the extraordinary appeal n° 888815, which determined the constitutionality of the activity, establishing the need of its regulation, demonstrating the inclination to permit the activity also at the national level. Finally, the topography of the conflict was analyzed considering the rights involved in the situation, taking into account the aspects of the right to education of minors, the freedom of parents' to choose the best way to teach their children, as well as the role of the State as guarantor of the minor's social rights. It was possible to conclude, therefore, that utilitarian homeschooling, in which parents do homeschooling with the state supervision, is configured with the best way of guaranteeing all rights present in the context.

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