The Right to Religious Conscientious Objection

A Fundamental Right under the 1988 Constitution and Brazilian Case Law

Abstract

This article examines the right to religious conscientious objection as a fundamental right enshrined in the 1988 Federal Constitution and its interpretation by Brazilian case law. It analyzes freedom of conscience and belief, highlighting the importance of conscientious objection in protecting individual convictions against conflicting legal obligations. The study explores the relationship between a secular State and religious freedom, and demonstrates how conscientious objection aligns with the principles of Brazilian secularism. National legislation, such as Law No. 8,239/1991, is highlighted, and relevant court decisions are examined, including cases involving religious ministers and healthcare professionals, illustrating the practical application of this right and the challenges to the effective implementation of the fundamental right to religious conscientious objection.