A liberdade de culto em tempos de pandemia: análise da ADPF n°811 à luz do princípio da proporcionalidade

Abstract

Considering the pandemic scenario that the world finds itself due to the pandemic caused by SARS-COV-2, this thesis deals with the collision between fundamental rights, which owing to it, have become more frequent, using ADPF no 811 as an object of analysis. The thesis brings in its body the conceptualization and detailing of the fundamental rights to religion and health, constitutionally disposed, which came into conflict with Decree no 65.563/2021, made by the State of São Paulo, which restricted the exercise of the right to freedom in times of pandemic, in order to avoid unnecessary crowds, for the sake of public health. As a result of this, the thesis will also show how the Law enforcer should resolve this conflict between fundamental rights, through the proportionality method, also showing who will be the ones legitimated to propose the Fundamental Precept Failure Statement (ADPF) as happened in the case to be analyzed. In addition, it will also show the impacts caused by the coronavirus pandemic in Brazil and, consequently, the motivations and legal arguments that led the ministers of the Supreme Federal Court (STF) to declare the cited decree as constitutional, in opposition to what was intended with the interposition of ADPF no 811, made by the Social Democratic Party (PSD). The methodology used to carry out this thesis was deductive method.