Secularização, Estado laico e Direito à liberdade religiosa: aproximação da sociologia histórica de Charles Taylor e da Filosofia Jurídica de John Finnis

Abstract

This article addresses the right to religious freedom, in the light of the concepts of secularization and the secular state. It then uses the theoretical framework of Charles Taylor, whose historical sociological approach allows us to understand the transition from the medieval, community model of religion to the modern, individualistic model of religion, with the dual affirmation of religious freedom and neutrality (secularity) of the State to respect and guarantee it. Then, in the second session, the conceptual distinction is made between secularity and secularism, in order to underline the risk of subverting the logic of religious freedom, by limiting religion to the private sphere, depriving religion of all public relevance and, therefore, neutralizing the right to religious freedom. Finally, John Finnis' philosophical argumentation is developed, to articulate the right to religious freedom with the basic human good of religion, as being distinct from freedom of conscience, which distances it from the reductionist and individualistic liberal conceptions, showing the restrictive character of political secularism. It concludes that the State must not hinder, but must promote access to religion as a fundamental human right, constituting the common good. The main methodological contribution of this Article is the complementation of Finnis' analytical philosophy, which proceeds on a level of conceptual abstraction, with Taylor's sociology, which in a historical hermeneutics of the historical process of secularization.