The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between religious organizations and the nation state. Conceptually, the term refers to the creation of a secular state (with or without legally explicit church–state separation) and to disestablishment, the changing of an existing, formal relationship between the church and the state. In a society, the degree of political separation between the church and the civil state are determined by the legal structures and prevalent legal views that define the proper relationship between organized religion and the state.
The current Constitution of Brazil, in force since 1988, ensures the right to religious freedom, bans the establishment of state churches and any relationship of "dependence or alliance" of officials with religious leaders, except for "collaboration in the public interest, defined by law". This is a bit contradictory with the new decision from Brazil's Supreme Court.
Brazil's Supreme Court voted narrowly Wednesday to authorize state schools to promote specific religions. Chief Justice Carmen Lucia made the deciding vote in favor of so-called confessional schools, at which teachers will be permitted to promote their religious beliefs during class. In non-confessional schools, teachers can discuss only the history and social impact of religion.
The 6-5 decision by Brazil's top court also states that students cannot be compelled to attend religion classes and that they must have their parents' permission to participate. Brazil's constitution says religion classes should be available for pupils between the ages of 9 and 14, but it doesn't specify what should be taught.
The chief justice said lay control of schools will be protected since pupils can decide whether to attend religion classes or not. "Religious liberty needs to be respected, but without imposing rules to the nation. But I don't see a submission of the state in the norms being questioned," she said. Brazil's Supreme Court made the decision after the Attorney General's Office argued that a deal between Brazil and the Vatican allowing religion classes in public schools was unconstitutional.
Justice Luis Roberto Barroso, who voted against allowing religion classes in public schools, warned that the decision puts secular control of schools at risk. "A religion cannot use public space to promote its faith. This would be a private appropriation of public space," Barroso said.
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