THE what and State Secular?

What is a Secular State?

A secular, non-denominational, or secular state is one in which state and religion are separated, adopting a neutral stance toward religion, respecting all faiths, and lacking an official religion. It is important to emphasize that a secular state should not be confused with an atheist or anti-religious state, as it advocates tolerance of all religions. This means that the functioning of the state and the development and enforcement of laws cannot be based on a particular creed or religion.

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The term "secular state" is not expressly found in the text of the Constitution, but we can extract its essence by reading the constitutional articles. One example is Article 5, Section VI, of the Federal Constitution, which establishes the inviolability of freedom of conscience and belief, ensuring the free exercise of religious worship, and guaranteeing, in accordance with the law, the protection of places of worship and their liturgies.

With the Old Republic, we see the first signs of separation between State and religion, resulting in Brazil no longer having an official religion (PROFIRIO, 2020). Thus, we see the first institutions of legal recognition for civil marriage, and the management of cemeteries was transferred to bodies linked to the government (PROFIRIO, 2020).

BIBLIOGRAPHICAL REFERENCE

PORFÍRIO, Francisco. Secular State. World Education, Goiânia, 2020. Available at: https://mundoeducacao.uol.com.br/sociologia/estado-laico.htm. Accessed on: December 20, 2021.

Victor Habib Lantyer
lantyer.com.br

Lawyer, professor, author, and researcher specializing in Digital Law, AI, Intellectual Property, and the LGPD. He is the author of the book "LGPD and Its Impact on Labor Law" and "Digital Law and Innovation" and has over seven legal works. He is a member of the Permanent Technology and Innovation Committee of the Brazilian Bar Association (OAB/BA), coordinator of the Artificial Intelligence coordination team, and a member of the LGPD and Metaverse coordination teams. He is a member of the National Association of Digital Law Attorneys. He is the creator and creator of the Lantyer Educacional website (www.lantyer.com.br), which simplifies legal matters in a simple, easy, and democratic way.

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