Law

Religion and Law in Brazil 2nd Edition

By Thiago Magalhães Pires
Kluwer Law International September 2023

Specifications

ISBN-13
9789403516479
Publisher
Kluwer Law International
Publication
September 2023
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Brazil deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media.

After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide.

Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in Brazil. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.

Table of Contents

List of Abbreviations
General Introduction

Part I. Legal Framework and Sources
Chapter 1. Constitutional Position of Religion
Chapter 2. Other Legislation with Regard to Religion
Chapter 3. Typology of the System

Part II. Religious Freedom in General
Chapter 1. Individual Religious Freedom
Chapter 2. Collective Religious Freedom
Chapter 3. Organizational Religious Freedom

Part III. Legal Status of Religious Communities
Chapter 1. Formal Status of Religious Communities
Chapter 2. Autonomy of Religious Communities
Chapter 3. Fundamental Rights and Religious Communities
Chapter 4. Contractual Religious Freedom

Part IV. International, Transnational, and Regional Effects on Religious Communities
Chapter 1. International Law Effects on Religious Communities
Chapter 2. Transnational Law Effects on Religious Communities
Chapter 3. Regional Law Effects on Religious Communities

Part V. Religion and Politics
Chapter 1. Religious Influence in Politics
Chapter 2. Political Influence on Religion
Chapter 3. Interaction Between Religion and State on a Political and Legal Level

Part VI. Labour Law Within Religious Communities
Chapter 1. Scope of Application of Labour Law
Chapter 2. Religious Ministers and Labour Law
Chapter 3. Other Church Employees and Labour Law

Part VII. Religious Communities and Protections of the Individual
Chapter 1. Protection of Privacy
Chapter 2. Freedom to Marry
Chapter 3. Freedom of Expression
Chapter 4. Due Process Norms and Religious Groups
Chapter 5. Professional Secrecy
Chapter 6. Medical Deontology
Chapter 7. Non-discrimination
Chapter 8. Penal Law and Religion

Part VIII. Church Financing
Chapter 1. Direct Financing of Religious Communities
Chapter 2. Indirect Financing of Religious Communities

Part IX. Education
Chapter 1. Religious Education in Public and Private Schools
Chapter 2. Religious Schools

Part X. Matrimonial and Family Law
Chapter 1. Legal Position of Religious Marriage
Chapter 2. Legal Position of Religious Family Law

Part XI. Religion and Culture
Chapter 1. Religion and Art
Chapter 2. Religion and Media
Chapter 3. Religion and Civil Society
Chapter 4. Religion and Public Debate

Selected Bibliography
Table of Cases
Table of Statutes
Index
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