Confessional religious teaching: State secularity vs. religious freedom in the discussion of ADI 4.439 by the Supreme Federal Court

Abstract

The article explores the extent of the secularity of the Brazilian State in the face of the adoption of confessional religious education in public schools. It analyzes legislation that regulates the subject, and the judgment of the Direct Action of Inconstitutionality (ADI) 4,439 by the Federal Supreme Court. It concludes that the prevalence of the principle of State secularity or religious freedom depends on the court justices’ ideological leanings and on the congressional religious caucuses political articulation regarding the formers’ appointments, and that, based only on the votes cast in ADI 4439, it cannot be concluded that confessional religious education in public schools does not contradict the principle of State secularity.