O STF e o ensino religioso em escolas públicas: Pluralismo educacional, laicidade estatal e autonomia individual

Abstract

This paper studies the problem proposed under the direct unconstitutionality action n 4439, filed by the Attorney General of the Republic. It is regarding the controversial agreement between the Brazilian State and the Holy See, which is the categorical expression by means of Legislative Decree that Catholic religious education must be a regular discipline of voluntary enrollment on primary education in public schools. The parquet argues that this situation goes against the constitutional rule of the secularity of state and points the mismatch forwards the plural configuration of the right to education as outlined in the Constitution. After doctrinal considerations, it was concluded that the secularity appears as limit face state interference within the intimacy-autonomy of the personal sphere, hence the need for a non-denominational religious education. In the absence of a pedagogical plan that presents a plural education, there is nothing to talk about the possibility of offering the course.