PRINCIPLE OF THE SECULAR STATE: IS THE SECULAR STATE AN ATHEIST STATE?

Abstract

The practice of displaying the crucifix, a symbol mainly associated with Catholic Christianity, in public places, as is the case in Brazilian city councils, raises the question of how this affects the principle of state secularism. Although the State is secular, this does not mean that it is atheist. In view of this, this study aimed to present the concept of the principle of secularism and address the discussion on the secularism of the State. Regarding the methodology used, this research was a bibliographic review, based on scientific articles, books, case law, and current legislation. Data collection was carried out through databases such as Scielo, Google Scholar, among others, from 2019 to 2024. The results showed that although secularism seeks to guarantee religious freedom for all, challenges arise when individual rights conflict with other laws or policies. For example, issues related to freedom of expression versus religious offenses or religious practices versus human rights legislation can generate complex debates about where to draw the line between individual freedoms and the public interest. In any case, it was noted that the strong presence of religiosity in Brazil is widely recognizable. In all its aspects, religions in the country have the right to express themselves freely and perform their rituals. This is a result of the principle of secularism that governs the Brazilian State. Therefore, it was clear that the State recognizes in religiosity an intrinsic value, a good to be protected, promoted and encouraged.