Um diálogo entre liberdade religiosa e o direito das famílias

• Ano de defesa: 2016
• Autor(a) principal: Drumond, Isabella Nogueira Paranaguá de Carvalho
• Orientador(a): De Cicco, Claudio
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: Liberdade; Religião; Direito
• Palavras-chave em Inglês: Freedom; Religion; Law
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/19590

This research was developed with the goal of creating a dialogue between freedom of religion and the rights of the families. The society is experiencing an intense process of cultural transformation. To answer questions about the gaps in Brazilian law regarding the regulation of new family arrangements, legal philosophy has an important role in the elucidation of the issues through their principles and theories. In a post-secular world, in which Religion and Government still need to understand the performance space of each of these principles of justice demonstrate that secular society requires respect for determining the will of the citizens, both in the choice of their religious belief as the option to live a certain way of family life. Liberalism believes that the experiences and values of individuals are modeled based on principles of moral order in which there is only legitimate if there is compliance with the principles of the Rechtsstaat, especially the autonomy of individuals. For the implementation of this work, it took a walk through the history of Philosophy of Law and a brief analysis of the idea of State, Religion and Family in antiquity, with the Socratic thought, Plato and Aristotle, as well as a passage through the Middle Ages to understand the lessons Augustine, Thomas Aquinas and William Ockham; and seek an idea of dialogue between Religion, Legal State and families under the modern vision of liberal thought of Kant. Subsequently, the sacred tradition in the public space and the effects of secularization was addressed, with opposing theories about the death of God in the public sphere. As for the theory of secularization evaluated the diagnostic and contributions of various philosophers debating the issue, and highlighted the positions of Herbert Spencer, Emile Durkheim, Max Weber, Karl Marx and Sigmund Freud. On the other hand, in favor of the death of God in the contemporary world, as opposed to religious moral decay in the current context, the arguments were presented to Alexis de Tocqueville, MacIntyre, Charles Taylor and Maritain. It was concluded that there was a moment of extreme social dynamism, leading the society to create different types of households, which the Brazilian Government is reluctant to legalize, for fear of compromising the Church, whereas it is one of the institutions that more work for the family in the country. Finally, it is emergency the subject of the study, due to the conciousness of the State to assert itself secular, making necessary practical rationality to the acceptance of what has been occurring in the factual background regarding changes in families, and the need for cooperation between Religion and Government to providing more respect for freedom of religion and the right of families, concomitantly, all as a way of carrying out the idea of justice