The trial will begin on Friday (Nov 15), with a decision expected between the 15th and 26th of this month; Cristiano Zanin is the rapporteur
The STF (Federal Supreme Court) is expected to begin judging the action that questions the presence of religious symbols in public bodies on Friday (15.Nov.2024). The is classified as having general repercussion. As a result, the decision will be applied to similar processes in lower courts.
The trial begins through electronic voting, that is, ministers register their votes on the so-called “virtual plenary” of the Supreme Court. The deadline for everyone to vote is from November 15th to 26th. However, there is the possibility of the deliberation being suspended in the case of a request for review – when a minister requests more time for analysis – or for a highlight, which takes the case to the physical plenary.
The legal dispute covers rights and principles described in the Constitution, such as the right to religious freedom and the principle of secularism – the State’s position of neutrality in the religious sphere.
HISTORY
The case began with a lawsuit filed by the MPF (Federal Public Ministry), which requested the removal of religious symbols in public offices of the Union in São Paulo. The main argument was that exposure could embarrass those who do not share the same faith.
At the time, the Federal Court rejected the request in the first instance, on the grounds that the secular nature of the State does not prevent the presence of religious symbols, including in public places, as they represent national or regional history. The decision was endorsed in the 2nd instance by the TRF3 (Federal Regional Court of the 3rd Region).
After a new appeal, the case reached the STF, with a report from the then minister.
“In effect, the case goes beyond the interests of the parties involved, given that the central issue in the case (permanence of religious symbols in federal public bodies and secularism of the State) reaches all bodies and entities of the Public Administration of the Union, States and Municipalities.
The relevance of the case from a legal point of view is also present, since its conclusion will allow defining the exact extent of the constitutional provisions considered to be violated. Likewise, there is an evident general repercussion of the topic from a social perspective, considering the religious and sociocultural aspects involved in the debate”, assessed Lewandowski. Here is the ruling (PDF – 241 kB).
With Lewandowski’s retirement, the rapporteurship passed to the minister.
