Revista Latinoamericana de Derecho y Religión

Reenchantment of the World as an Alternative

2024-05-30T14:20:30+00:00

From a neo-Thomist analysis, drawing on various personalist and communitarian authors, such as Emmanuel Mounier, Jacques Maritain, Charles Taylor, Tomás Melendo, Nikolai Berdaiev and others, contemporary society is examined. From its historical evolution in thought and its social, economic and legal consequences, following the shared outline of these authors in the analysis of modernity and its pillars, i.e. subjectivism, materialism and utilitarianism typical of liberalism, to conceptualise its effects on society and the human person, together with its great consequence: a superfluous, banal and empty world that deforms the individual psyche and social morality at all levels, putting the very conception of human dignity at stake in political, economic and legal sciences. As an alternative to the progressive development of modernity up to post-modern times, it proposes the re-evaluation of the human being from a broad and mystical conception of the person that has been elaborated from the tradition and philosophy of Christian inspiration: a re-enchantment of the world.

Conscientious objection on religious grounds in the Brazilian legal system:

2024-05-16T07:24:35+00:00

This study analyzes conscientious objection in the Brazilian legal system. In a limited way, it examines the content, limits and ownership of the fundamental right to conscientious objection on religious grounds. The text is divided into two parts. The first deals with the right to religious freedom in a broad sense, understood as a bundle of jusfundamental positions that relate both to freedom of conscience and to the socio-cultural fact of religious living. The second section deals specifically with conscientious objection, examining its content, limits and ownership. The dialectical method of countering arguments is used, along with bibliographical and jurisprudential research based on the Brazilian legal system. At the end, controllable criteria for exercising the right to conscientious objection are systematized.

The Invocation to God in the Preamble of the Uruguayan Constitution

2024-05-16T07:13:20+00:00

This article addresses the issue of the invocation to God in the Preamble of the Constitution in the Eastern Republic of Uruguay. To do this, through constitutional history, we analyze how this invocation was forged in the first confessional Charter of 1830, and how it was eliminated in the reform that gave rise to the Constitution of 1918, which separated the State from the Catholic Church. Different historical moments and political and ideological contexts caused the name of God, along with the entire constitutional Preamble, to be suppressed. The discussion in the Constituent Convention, which gave rise to this decision, and which has as its background a long and profound process of secularization, clearly manifests the intention to marginalize the religious factor and segregate it from the public sphere.

On the notion of person as a Catholic expression in constitutional texts and supranational norms to conceptualize digital dignity

2024-05-16T07:41:24+00:00

The limited or non-existent normative concept of digital dignity, the notion of the person as a catholic expression in constitutional texts and supranational norms are the starting points for conceptualizing human dignity in the context of Artificial Intelligence for better decision-making based on the development of jurisprudence that allows expanding the doctrine and legal literature on the dignity of the person in the age of information technology.

All of which is necessary in the face of the existence of computer sciences in which individuals, companies or States with the intention of manipulating personal data could end up affecting the rights of third parties on an imperceptible scale. For this reason, when we speak of digital dignity as a Catholic expression in constitutional texts and supranational norms, we are referring to respect for those very personal rights that are collected and make up the dignity of each person and that we must deserve in the digital environment.

Constitutions and Catholicism in Argentina 1880-2023

2024-05-16T07:51:50+00:00

During the years 1880-2023 the relation between the Catholic Church and the Argentinian state was conflictive. Under constitutional clauses until the Constitution was reformed on 1994, on one part, the Catholic religion was protected and had a preferential position among other cults, and on the other, the Church was seriously limited by an institution: the patronato (inherited from the Spanish crown by the new states after their independence) known as the patronato that allowed the State to control her activities. Thus, within this constitutional frame tensions and dissents were frequent. Though the patronato ended with the Concordat between both political agents on 1966 it did not mean conflicts ceased to be. Discussions on abortion, same sex marriage and euthanasia emerged as issues to be held by the Church as new serious divergences. Nonetheless those quarrels did not distress the coexistence as they did in the past centuries

Religion and supra-rationality, learnings from the Chilean Constitutional Process, 2019-2023

2024-05-30T13:28:36+00:00

The present work seeks to analyze certain dimensions of the relationship between the religious phenomenon and Constitutional Law. In this sense, transcendence constitutes an integral element of human nature and, therefore, it is not alien to Law. particularly, the Chilean society and its constitutional tradition has always been in constant interaction with the religious phenomenon and this is manifested in the way the protection of religious freedom has been configured in its legal system. Thus, the last constitutional process was not exempt from this characteristic of the national constitutional identity, leaving certain elements of analysis that are important when someone studies the constant relationship between religion and law.The present work seeks to analyze certain dimensions of the relationship between the religious phenomenon and Constitutional Law. In this sense, transcendence constitutes an integral element of human nature and, therefore, it is not alien to Law. particularly, the Chilean society and its constitutional tradition has always been in constant interaction with the religious phenomenon and this is manifested in the way the protection of religious freedom has been configured in its legal system. Thus, the last constitutional process was not exempt from this characteristic of the national constitutional identity, leaving certain elements of analysis that are important when someone studies the constant relationship between religion and law.

Ecclesiastical law in the new constitution of the province of Jujuy

2024-05-16T07:21:02+00:00

In 2023, the province of Jujuy (in the Argentine Republic) passed a new Constitution. The article analyzes the references it contains regarding the religious factor, comparatively with the previous constitutional texts of the same province and those of the National Constitution, concluding that the new Constitution is a modern text inscribed in a model of positive secularism and respectful of religious freedom.

The teaching of religion in the school system: objections to an unconstitutional limitation

2024-06-17T14:32:57+00:00

Article 8 of administrative regulation 924 (education department, 1983) which holds a prohibition concerning the teaching of religion at K12 may be unconstitutionnal. First, because it impinges both on religious freedom and freedom of teaching. Second, because it hardly meets up with the standars of principle of equality, since it treats teachers differently when they are equals, and encompasses within the same rule schools which are different. And third, because it infringes a constitutional boundary, that which prevents executive orders from regulating fundamental rights.

Positive secularism as the model to which the Argentine Constitution adheres in relation to the religious phenomenon

2024-06-24T10:36:21+00:00

The objective of this article is to describe the notes that characterize the positive secularism model and examine whether they are present in the way in which the Argentine National Constitution treats the religious phenomenon.

To do this, we will initially describe the characteristics of what we call positive secularism, then we will examine the clauses of the Argentine constitution referring to religion and, finally, we will analize whether the characteristics of positive secularism are reflected or not in these constitutional provisions.