RELIGIOUS FREEDOM AS A FOUNDATION FOR SOCIAL JUSTICE IN THE BRAZILIAN LEGAL SYSTEM

Abstract

This paper analyzes religious freedom as a foundation of social justice within the Brazilian legal system. The general objective was to examine whether this right fulfills its role in building an inclusive and pluralistic society. The methodology adopted a qualitative approach, through bibliographic research and documentary analysis of the Constitution, infra-constitutional legislation, and the jurisprudence of the Brazilian Supreme Court (STF). The time frame covers the post-Constitution period to the present day. The results indicate that the secular state must actively protect vulnerable groups, especially African-derived religions, whose intolerance often intertwines with structural racism. It was found that religious discrimination deepens existing inequalities, undermining social justice. The STF's jurisprudence demonstrates balance by protecting religious autonomy while imposing limits when third-party rights are violated. It is concluded that the realization of this right requires affirmative public policies and substantive equality, overcoming formal tolerance to ensure dignity and pluralistic coexistence in a democratic country.