The Federal Supreme Court (STF) concluded, in a judgment on Tuesday (26), that religious symbols, such as crucifixes, can be kept in public offices.
The unanimous decision rejected an appeal by the Federal Public Ministry (MPF), which argued that these items would be incompatible with the principle of a secular State.
The decision understands that religious symbols do not contradict the principles of the secular State, freedom of belief and the impersonality of public administration. According to the final thesis, it is an expression of Brazil’s cultural and religious diversity, which must be protected as part of society’s cultural heritage.
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Minister Cristiano Zanin, rapporteur of the process, highlighted that the presence of religious symbols in public buildings does not disrespect constitutional principles, as long as they represent the cultural tradition of Brazilian society.
“The presence of religious symbols in public buildings, belonging to any of the Powers of the Union, the States, the Federal District and municipalities, as long as it has the objective of expressing the cultural tradition of Brazilian society, does not violate the principles of non-discrimination, of state secularism and impersonality”, stated Zanin.
The judge added that the display of these items does not interfere with the impartiality of the State and “does not delegitimize” the state action, “even because the legal basis is not based on divine elements”.
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The rapporteur was accompanied by all ministers, including Flávio Dino, André Mendonça, Alexandre de Moraes, Dias Toffoli, Nunes Marques, Cármen Lúcia, Gilmar Mendes and Luís Roberto Barroso, president of the Court. Minister Edson Fachin, although agreeing with the result, made reservations by emphasizing the need to value different cultural forms.
“In the case of the case, the presence of the crucifix in public spaces is seen as a cultural manifestation”, explained Fachin, highlighting the recognition of “diverse cultures and different ways of being”.
in the trial for the constitutionality of the presence of religious symbols in public buildings across the country.
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Understand the case
The judgment was an extraordinary appeal filed by the Federal Public Ministry, which filed a lawsuit in 2009 to remove religious symbols visible to the public in federal offices in São Paulo. The MPF’s argument is that the presence of these objects violates the secularity of the State and the principle of impersonality.
The body appealed the 2013 decision, when the first instance of the Federal Court dismissed the request as unfounded, a decision maintained in 2018 by the Federal Regional Court of the 3rd Region (TRF-3), in the capital of São Paulo. After exhaustion of appeals in the second instance, the MPF presented an extraordinary appeal to the STF in April 2019.
Now, the Court’s decision will have general repercussions, that is, it will be applied to similar actions being processed in lower courts.
