A teoria da ponderação de Robert Alexy e os limites da liberdade religiosa no contexto do coronavírus: uma análise dos conflitos entre as decisões do STF sobre a restrição de cultos presenciais na pandemia da covid-19

Abstract

This paper focuses on Robert Alexy's Balancing Theory and the limits of religious freedom in the context of the COVID-19 pandemic. The research delves into the conflicts present in decisions of the Brazilian Supreme Federal Court (STF) related to the restriction of in-person religious gatherings during the pandemic, giving rise to a crucial debate between the right to religious freedom and the preservation of the right to health. The main objective is to comprehend the STF's decisions regarding this limitation during the pandemic and how the collision of fundamental rights is analyzed in light of Alexy's approach.The adopted methodology is bibliographic research, based on critical analyses of relevant books and scientific articles. The key findings indicate that balancing and proportionality prove to be effective tools in resolving conflicts between fundamental rights. This study exemplifies such effectiveness by addressing the collision between the right to religious freedom and the right to life, the latter being intrinsically linked to the right to health. The STF decisions regarding the restriction of in-person religious gatherings during the COVID-19 pandemic demonstrate the necessity of making balanced judgments based on constitutional principles and values at stake. Based on the analysis conducted using Robert Alexy's Balancing Theory, it is concluded that the restriction of religious freedom can be justifiable in situations of a health crisis, such as the COVID-19 pandemic, in the name of public health and the right to life. This underscores the importance of carefully considering collective and individual interests when fundamental rights collide in exceptional circumstances.