A proteção ao dia de guarda religiosa: uma análise comparada de decisões da Suprema Corte dos Estados Unidos e do Supremo Tribunal Federal do Brasil

Abstract

This research deals with the fundamental right to religious freedom, specifically regarding the practice of a day of religious observance. In order to do so, the state of the art on the subject in North American and Brazilian law was presented, with an analysis of the historical evolution of the protection of religious freedom in both countries. Regarding the protection to a day of religious observance, it was adopted the method of comparing judicial decisions by the United States Supreme Court and Brazilian Supreme Court on the matter in work places and the following research problem: does the precedent of the Brazilian Supreme Court on the protection of the day of religious observance contain elements that characterize religious dissent and application criteria similar to those adopted in the decision of the Supreme Court of the United States on the same subject? The US decision, being older, was adopted as a paradigm. It was sought to identify the decision-making elements presented in each trial and the possible influence of the North American decision on the Brazilian one. It was perceived that the arguments present in each decision are equivalent, with the application of reasonable and proportionality as guiding principles in the accommodation of conflicting interests, though the north American decision did not directly influenced the Brazilian one.