Religion in the Brazilian judicial review decisions: an analysis of the possible consequences of ‘PEC 99/11’

Abstract

Taking into account the proposal of constitutional amendment number 99, year 2011 (PEC 99/11) – which gives greater political power to religious associations in the context of increased judicialization of politics by allowing these associations to introduce legislation for judicial review – this research examines how religious arguments and interests have gained ground in the Brazilian Supreme Court (STF), even without the institutionalization of the PEC. In order to do this, the article analyzes decisions of the court in cases that the National Confederation of Brazilian Bishops Brazilian (CNBB) – an example of a religious association that would benefit from the PEC – has shown interest. The conclusion reached by the study is that, although through indirect means, religious arguments are sometimes heard in Brazilian judicial reviews. However, these arguments have not found shelter in our supreme court’s decisions.