THE NON-EXISTENCE OF EMPLOYMENT LINK BETWEEN CATHOLIC PRIESTS AND DIOCESES - BRAZIL HOLY SEE AGREEMENT

Abstract

It is known that the Brazilian legal system separates the configuration of the employment relationship from the bonds involving the purposes and activities of the spiritual essence of religious works. In this context, the present research aimed to analyze the lack of employment relationship between Catholic priests and Dioceses provided for in the Brazil Holy See Agreement. The research consisted of a basic literature review, developed from the deductive method of approach combined with the bibliographic study procedure. It was possible to verify the tendency of the Brazilian Courts in not accepting the actions aimed at the recognition of the employment relationship from the exercise of religious activities, noting, therefore, the lack of employment relationship between Catholic Priests and their respective Dioceses, especially for not configuring, in this relationship, onerosity and subordination, recognizing the legal exception in the face of circumstances in which the distortion of the ecclesiastical institution occurs.