Submitted by admin tede (tede@pucgoias.edu.br) on 2017-09-04T12:08:05Z No. of bitstreams: 1 VINÍCIUS WAGNER DE SOUSA MAIA NAKANO.pdf: 2172061 bytes, checksum: b78fed78460980ee9268f173a847317c (MD5) / Made available in DSpace on 2017-09-04T12:08:05Z (GMT). No. of bitstreams: 1 VINÍCIUS WAGNER DE SOUSA MAIA NAKANO.pdf: 2172061 bytes, checksum: b78fed78460980ee9268f173a847317c (MD5) Previous issue date: 2017-08-08 / It is investigated the way in which constitutionalism, multiculturalism and religion are related dialogically in the construction of identities and religious differences throughout the history of Brazilian constitutionalism. Religious identities erect boundaries that establish conceptual and semiotic limits and barriers, influencing behaviors and ways of thinking, as well as the ways in which subjects represent and self-represent their religious condition. This influences how the state produces laws and how state agents interpret and enforce laws. Identities and differences translate into the discursive plane in the figures of different subjects, statements and discourses, which often collide with each other. In addition, boundaries and barriers have changed in the course of history, which can be noted in the discursive plane, in the way in which the concept of religion was constructed juridically, despite the historical enunciation of religious freedom and worship in the texts Of Brazilian constitutions. This concept was altered when new actors began to question the hegemonic discourse of a Catholic matrix, incorporated into the discourse of the State for the long period of validity of the royal patron, and after, when attempting to construct the national identity. Adepts of different religions, as different discursive actors, throughout this historical path, have lived in a complex network of power relations, in which belonging to a particular religion can mean - in terms of a look of a subject that integrates a hegemonic discourse - be associated, with illicit practices, with distrust, contempt, prejudice and discrimination. The re-signification of this association has only occurred in the face of the emergence of new discursive, counter-hegemonic actors and the empowerment of minorities and vulnerable groups, previously silenced, invisible and denied in their own condition of being and existence. The changes can be attributed, in part, to the processes of secularization and pluralism that have made constitutionalism possible as a normative theory of politics, which imposes limits on the power of the state and guarantees human and fundamental rights, and especially praxis Dialogical in the Bakhtinian sense, which makes possible the coexistence of different subjects, statements and religious discourses in the same political community. In this way different religious practices have migrated from the field of illegality to the field of lawfulness, although this does not imply that the perception of religious freedom is experienced in the same way by the different actors from their own discourses. / Investiga-se a forma como o constitucionalismo, o multiculturalismo e a religião se relacionam dialogicamente na construção das identidades e das diferenças religiosas ao longo da história do constitucionalismo brasileiro. As identidades religiosas erguem fronteiras que estabelecem limites e barreiras conceituais e semióticas, influenciando comportamentos e formas de pensamento, e também os modos como os sujeitos representam e autorrepresentam sua condição religiosa. Isso influencia a forma como o Estado produz as leis e como os agentes do Estado interpretam e aplicam as leis. Identidades e diferenças traduzem-se no plano discursivo nas figuras de diferentes sujeitos, enunciados e discursos, os quais muitas vezes colidem entre si. Além disso, fronteiras, limites e barreiras tem se alterado no curso da história, o que pode ser notado no plano discursivo, na forma como foi construído juridicamente o conceito de religião, a despeito, da histórica enunciação da liberdade religiosa e de culto nos textos das constituições brasileiras. Este conceito alterou-se quando novos atores passaram a questionar o discurso hegemônico de matriz católica, incorporado ao discurso do Estado pelo longo período de vigência do padroado régio, e após, quando da tentativa de construção da identidade nacional. Adeptos de diferentes religiões, como diferentes atores discursivos ao longo desse percurso histórico, têm vivido numa complexa trama de relações de poder, na qual o pertencimento a uma determinada religião pode significar - em termos de um olhar de um sujeito que integre um discurso hegemônico - estar associado, com práticas ilícitas, com a desconfiança, com o desprezo, o preconceito e a discriminação. A ressignificação desta associação somente vem ocorrendo diante da emergência de novos atores discursivos, contrahegemônicos, e do empoderamento de minorias e grupos vulneráveis, antes silenciados, invisibilizados e negados em sua própria condição de ser e existir. As mudanças podem ser atribuídas, em parte, aos processos de secularização e pluralismo, que tornaram possível o constitucionalismo como teoria normativa da política segundo a qual se impõem limites ao poder do Estado e asseguram-se os direitos humanos e fundamentais, e principalmente à práxis dialógica no sentido bakhtiniano, que torna possível a coexistência de diferentes sujeitos, enunciados e discursos religiosos na mesma comunidade política. Por este caminho diferentes práticas religiosas migraram do campo da ilicitude para o campo da licitude, ainda que isso não implique dizer que a percepção de liberdade religiosa seja experimentada da mesma maneira pelos diversos atores a partir de seus próprios discursos.

<p>Within the context of South Africa&lsquo / s diverging religious, cultural and social backgrounds, new questions on the nature of a multicultural society are raised from the perspective of human rights.&nbsp / The universality and indivisibility of human rights are challenged by this diversity and consequently implies that standards, concepts and structures for implementation have to be reconsidered.&nbsp / International and national standards are being (re)interpreted and attention is not only focused on the contents of the norms but on the limitations imposed thereupon. The debate on whether limits should be set in permitting or accommodating cultural or religious pluralism is becoming extremely relevant. The manner in which these questions are responded to&nbsp / is even more prominent in the light of our history of apartheid which has disregarded respect for religious and cultural diversity. In the scope of this research emphasis will be placed on the&nbsp / right to freedom of religion and in particular the limitation of the right to religion in an attempt to balance conflicting rights and accommodates religious diversity. The right to freedom of religion&nbsp / albeit constitutionally entrenched is subject to reasonable and justifiable limitations. However, no clear guidelines have been formulated on the criteria for limiting the right to freedom of&nbsp / religion. The main aim of this research is to find guiding criteria to facilitate the imposition of limitations on the right to freedom of religion. The limitations of the right to freedom of religion are&nbsp / interrelated with the following research questions: Firstly, the definition afforded to the right to freedom of religion in accordance with national and international standards / secondly, the relationship between culture and religion and any interconnection that exists between these rights. This is followed by the influence of the particular value framework or normative commitments&nbsp / f the judiciary on the interpretation of the right to religion, as well as the relationship between the state and religion. The above issues will be researched both on a national and&nbsp / an international level. The aim is to conduct research that will build on an appreciation of the guidelines that should be employed in ensuring the protection of the right to freedom of religion. To this end comparisons will be drawn with other legal&nbsp / systems, which on the one hand acknowledge the protection of the right to freedom of religion and on the other hand have to find ways in which the right can be balanced in the event of conflict. It is envisaged that the research of the criteria imposed on the limitation of the right to religion both on a national and an international level will assist in suggesting criteria that will influence&nbsp / scholarly debate on the topic. In addition that this debate will allow for the formulation of a transformative approach within the South African context that sanctions the celebration of diversity in all&nbsp / its aspects and in particular the right to freedom of religion.<br /> &nbsp / </p>

<p>Within the context of South Africa&lsquo / s diverging religious, cultural and social backgrounds, new questions on the nature of a multicultural society are raised from the perspective of human rights.&nbsp / The universality and indivisibility of human rights are challenged by this diversity and consequently implies that standards, concepts and structures for implementation have to be reconsidered.&nbsp / International and national standards are being (re)interpreted and attention is not only focused on the contents of the norms but on the limitations imposed thereupon. The debate on whether limits should be set in permitting or accommodating cultural or religious pluralism is becoming extremely relevant. The manner in which these questions are responded to&nbsp / is even more prominent in the light of our history of apartheid which has disregarded respect for religious and cultural diversity. In the scope of this research emphasis will be placed on the&nbsp / right to freedom of religion and in particular the limitation of the right to religion in an attempt to balance conflicting rights and accommodates religious diversity. The right to freedom of religion&nbsp / albeit constitutionally entrenched is subject to reasonable and justifiable limitations. However, no clear guidelines have been formulated on the criteria for limiting the right to freedom of&nbsp / religion. The main aim of this research is to find guiding criteria to facilitate the imposition of limitations on the right to freedom of religion. The limitations of the right to freedom of religion are&nbsp / interrelated with the following research questions: Firstly, the definition afforded to the right to freedom of religion in accordance with national and international standards / secondly, the relationship between culture and religion and any interconnection that exists between these rights. This is followed by the influence of the particular value framework or normative commitments&nbsp / f the judiciary on the interpretation of the right to religion, as well as the relationship between the state and religion. The above issues will be researched both on a national and&nbsp / an international level. The aim is to conduct research that will build on an appreciation of the guidelines that should be employed in ensuring the protection of the right to freedom of religion. To this end comparisons will be drawn with other legal&nbsp / systems, which on the one hand acknowledge the protection of the right to freedom of religion and on the other hand have to find ways in which the right can be balanced in the event of conflict. It is envisaged that the research of the criteria imposed on the limitation of the right to religion both on a national and an international level will assist in suggesting criteria that will influence&nbsp / scholarly debate on the topic. In addition that this debate will allow for the formulation of a transformative approach within the South African context that sanctions the celebration of diversity in all&nbsp / its aspects and in particular the right to freedom of religion.<br /> &nbsp / </p>

Doctor Legum - LLD / Within the context of South Africa‘s diverging religious, cultural and social backgrounds, new questions on the nature of a multicultural society are raised from the perspective of human rights. The universality and indivisibility of human rights are challenged by this diversity and consequently implies that standards, concepts and structures for implementation have to be reconsidered. International and national standards are being (re)interpreted and attention is not only focused on the contents of the norms but on the limitations imposed thereupon. The debate on whether limits should be set in permitting or accommodating cultural or religious pluralism is becoming extremely relevant. The manner in which these questions are responded to is even more prominent in the light of our history of apartheid which has disregarded respect for religious and cultural diversity. In the scope of this research emphasis will be placed on the right to freedom of religion and in particular the limitation of the right to religion in an attempt to balance conflicting rights and accommodates religious diversity. The right to freedom of religion albeit constitutionally entrenched is subject to reasonable and justifiable limitations. However, no clear guidelines have been formulated on the criteria for limiting the right to freedom of religion. The main aim of this research is to find guiding criteria to facilitate the imposition of limitations on the right to freedom of religion. The limitations of the right to freedom of religion are interrelated with the following research questions: Firstly, the definition afforded to the right to freedom of religion in accordance with national and international standards; secondly, the relationship between culture and religion and any interconnection that exists between these rights. This is followed by the influence of the particular value framework or normative commitments f the judiciary on the interpretation of the right to religion, as well as the relationship between the state and religion. The above issues will be researched both on a national and an international level. The aim is to conduct research that will build on an appreciation of the guidelines that should be employed in ensuring the protection of the right to freedom of religion. To this end comparisons will be drawn with other legal systems, which on the one hand acknowledge the protection of the right to freedom of religion and on the other hand have to find ways in which the right can be balanced in the event of conflict. It is envisaged that the research of the criteria imposed on the limitation of the right to religion both on a national and an international level will assist in suggesting criteria that will influence scholarly debate on the topic. In addition that this debate will allow for the formulation of a transformative approach within the South African context that sanctions the celebration of diversity in all its aspects and in particular the right to freedom of religion. / South Africa