Abstract
Taking as object the religious education in public schools, the article seeks to make notes in the laws of guidelines and bases of national education, from Law No. 4024 to Law No. 9394, respectively of 1961 and 1996, taking into account that the last was amended in 1997 by Law No. 9475, as well as the clashes between religious and lay people that made up the scenario of drafting these laws. It is observed that the changes in religious education operated in accordance with the laws, but also in the forms of application of discipline in public schools, reflect the changes in catholic theology and thought during the twentieth century, since the Church Catholic was the great force of support of this discipline. It is observed that religious education in public schools results from an eagerness to legislate on matters of faith, of intimate forum, which results in external pressure to the school environment that tends to compromise the true purposes of school education: to guarantee individuals access to knowledge elaborated in a democratic environment and committed to respect for differences and freedoms of choice.
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