Constitution, religion, holidays and racism

Abstract

Religious freedom, beyond the historical primacy in Western constitutionalism, is a fundamental right enshrined in international texts and guaranteed in a series of provisions of the Brazilian Federal Constitution (CF). In the Brazilian constitutional framework, the normative programme is clearly and firmly anchored in religious pluralism, which does not, of course, erase the history of a country that has traditionally described itself as Christian, still mostly Catholic. If the right to religious freedom is to be inclusive and to welcome minority religious beliefs, it must be verified as effective in the practices of religious communities of African origin. From this perspective, the text addresses the political and legal disputes surrounding a holiday on November 20, which has already been declared by federal law since 2011, the “Zumbi and Black Awareness National Day”,  with emphasis on constitutional aspects and, particularly, in the case of Porto Alegre, capital of Rio Grande do Sul, whose most recent developments pointed to the religious refraction of the date, a legislative initiative which, however, was declared unconstitutional by the Rio Grande do Sul State Court of Justice. There are also two premises, which will be summoned throughout the text: the structural violence of slavery, which continues to mark with racism the social and institutional life of Brazil; and the vulnerability of religious communities of African origin.

Keywords: Freedom of religion. Holidays. Racism.