A LEGITIMIDADE CONSTITUCIONAL DO ENSINO RELIGIOSO CONFESSIONAL EM ESCOLAS PÚBLICAS NO BRASIL: ANÁLISE DA AÇÃO DIRETA DE INCONSTITUCIONALIDADE 4.439 A PARTIR DA LAICIDADE POSITIVA EM BENTO XVI

Abstract

This article addresses the constitutional legitimacy of religious education in public schools in Brazil, based on the analysis of the favorable (considered secular) and contrary (considered secularist) arguments discussed in Direct Action of Unconstitutionality 4439, which defends the adoption of a non-confessional model of religious education. To this end, it deals with the problem of secularization, related to the right to religious freedom, religious pluralism and the Secular State. Then, the theoretical framework of Benedict XVI is presented, whose teachings is analyzed from the distinction between positive secularity, in which the State not only protects the right to religious liberty, but promotes it through collaboration with religious entities, and militant secularism, which defends an Enlightenment worldview that aims to privatize religion and neutralize it in the public space.