O uso de animais em rituais religiosos no Brasil: o (aparente) conflito entre a dignidade animal e a liberdade religiosa sob a ótica da Constituição Federal de 1988

Abstract

This piece proposes to address the possible conflict between the freedom of belief, ensured by art. 5, subsection VI and the right to animal dignity, which is granted by paragraph 1, subsection VII of article 225, both in the Federal Constitution of 1988, in regard to the practice of animal sacrifice by various religious cults, especially the ones originated from african matrix. Considering the cultural and anthropological aspect of animal sacrifice and the theory of animal rights as well as the consideration of them as sentient beings, this work seeks to define if there is a real conflict between those rights, considering they are not absolute. In order to do so, first, one tries to understand the constitutional insurance of religious freedom, its reach and its delimitation. Afterwards, we analyze the animal sacrifice, its origin and meaning to the religions that practice it. On the second chapter, both the theory of animal rights and the breaking of the anthropocentric paradigm are dissected with the study of its main theoretical scholars. On the final chapter, there is an examination of two cases on which these referred rights are confronted in order that we can, at last, delineate minimal criteria for an adequate and constitutional interpretation of the animal sacrifice in religious rituals.