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" Investigations on the Use of Limitations to Freedom of Religion or Belief in Brazil "
Thiago Alves Pinto, Rodrigo Vitorino Souza Alves
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AL
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| Record Number
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1082323
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| Doc. No
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LA125952
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| Call No
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10.1163/18710328-BJA10004
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| Language of Document
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English
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| Main Entry
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Rodrigo Vitorino Souza Alves
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Thiago Alves Pinto
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| Title & Author
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Investigations on the Use of Limitations to Freedom of Religion or Belief in Brazil [Article]\ Thiago Alves Pinto, Rodrigo Vitorino Souza Alves
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| Publication Statement
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Leiden: Brill
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| Title of Periodical
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Religion Human Rights
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| Date
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2020
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| Volume/ Issue Number
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15/1-2
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| Page No
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77–95
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| Abstract
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The present article analyses cases from top Brazilian courts and has received contributions from several scholars, practitioners, and public officials to better understand the use of limitations to freedom of religion or belief in the country. The Brazilian Constitution provides for the right to freedom of religion or belief as a fundamental right, and other domestic legislation regulate the right, including those implementing international human rights treaties that Brazil has ratified. These laws are easily accessible. Nevertheless, domestic courts seldom rely on such international instruments or the case-law of international bodies in their judgments. Therefore, although these instruments are in force in Brazil, domestic courts do not expressly use or refer to the clauses of permissible limitations of the relevant international and regional human rights instruments, creating a scenario with low levels of legal certainty for those seeking the protection of the right to freedom of religion or belief. The present article analyses cases from top Brazilian courts and has received contributions from several scholars, practitioners, and public officials to better understand the use of limitations to freedom of religion or belief in the country. The Brazilian Constitution provides for the right to freedom of religion or belief as a fundamental right, and other domestic legislation regulate the right, including those implementing international human rights treaties that Brazil has ratified. These laws are easily accessible. Nevertheless, domestic courts seldom rely on such international instruments or the case-law of international bodies in their judgments. Therefore, although these instruments are in force in Brazil, domestic courts do not expressly use or refer to the clauses of permissible limitations of the relevant international and regional human rights instruments, creating a scenario with low levels of legal certainty for those seeking the protection of the right to freedom of religion or belief.
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| Descriptor
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Brazil
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freedom of religion or belief
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General
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human rights and Humanitarian Law
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limitation clauses
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Religion Society
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Religious Studies
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Social Sciences
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| Location & Call number
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10.1163/18710328-BJA10004
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