O dano moral decorrente da ofensa a liberdade religiosa dos adeptos das religiões de matriz africana.

AUTOR(ES)

Jailson de Souza Corrêa

DATA DE PUBLICAÇÃO

2008

RESUMO

This dissertation seeks the study of the application of moral damages due to the violation of the religious freedom focusing its attention in the African religions. In spite of the current constitutional warranty of religious freedom and cult inviolability the African religions continue suffering attacks but that dont provide as in the past of agents of the Catholic Church and of the State but of the churches new protestants. We looked for initially to investigate the dimension of the religious freedom in Brazil and the practice of the intolerance against the African religions in Brazilian soil demonstrating the conceptual construction and the impact about these religious manifestations. Through a possible dialogue between the Constitution and the Civil law the incidence radiant of the beginning of the human dignity was examined on the Civil law and the establishment of a general clause of human persons protection as instrument for warranty of rights of the personality and fundamental and rights being meditated regarding these last ones the application to the juridical relationships among matters. It was studied with more slowness the institute of the civil responsibility for moral damages stopping in the basic presuppositions and emphasizing the human persons dignity as his corollary one. In this context we tried. To draw the singularity of the violation of the religious freedom and the insult to personality right. It was demonstrated still the importance of the collective protection of religious equality in the search of the protection of groups socially vulnerable and in this matter we highlighted cases taken to judgment in the tribunals. The research indicated that although the practice of the religious intolerance against the African religions happens with relative frequency a reaction from the followers of these religious creed began and of part of the civil society against this vile discrimination form and that the order juridical native admits the application of the responsibility for moral damages against aggressions of this nature. The research indicated that although the practice of the religious intolerance against the African religions happens with relative frequency a reaction from the followers of these religious creeds and from part of the civil society against this vile discrimination form began and the native juridical order admits the application of the responsibility for moral damage against aggressions of this nature.

ASSUNTO(S)

dano moral religião de matriz africana african religion of head office liberdade religiosa religious freedom intolerance intolerancia direito moral damage

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