Intolerância religiosa à luz do direito penal

Abstract

The research will make a historical and technique approach around the law procedure as a legal instrument of protection to several religious African descent expressions and its evolution, mainly focused on the application of the Criminal Law and Criminal Proceeding. Presenting the historical and juridical point of view about the lacks and brittleness on the criminal accountability imposed to the authors of crimes motivated by the religious intolerance, how this lack ends up not restraining those practices. Also pointing the need of law modernization as a guarantee of respect and a way to protect the manifold cults that exists – especially the African-Brazilian cults that holds a singular conformation related to social, cultural and liturgical aspect. Bringing about judgments and doctrines around the guarantee of religious freedom and how its violations has being treated or classed as a criminal offense by the Public and Judicial Powers, in contrast to the severity of the damage inflicted to Umbanda and Candomblé yards and practitioners. The results of this study intend to show how necessary is to improve the criminal protection in a way to effectively contribute the fight against practices that restricts free exercise of African-Brazilian or African descent religions.