Introduction
Brazil embodies a fascinating example in International Human Rights Law (IHRL), particularly related to religious freedom. The Brazilian Constitution highly appreciates the freedom of Religion, considering it as a fundamental right. Although, many factors continue affecting the enactment of this right and how courts are dealing with the limitations to this liberty. Brazil is often known as a mostly catholic dominated nation, yet the fact is that it is a plethora of religions. While Catholicism remains the principal creed of most Brazilians, many Brazilians are Protestants, with a minority group being African-derived religions. Brazil is a racial egalitarian nation devoid of racial antagonism and de jure discrimination because of its prevalent cultural syncretism and racial mixture. From the 1970s, there has been a rising acknowledgment of racial discrimination in Black and White Brazilians' lives. When it comes to religious multiplicity, whereas Brazil is mainly Roman Catholic, its religious background is experiencing deviations. This chapter seeks to discuss the long history of Afro-Brazilians being oppressed; the high number of evangelical Christians in significant government positions dramatically contributes to the oppression of this minority group's ability to freely and safely practice their beliefs, particularly on how the law applies in persecuting those who commit hate crimes against them.
Religious Minorities
Brazil was among the last countries in the Western Hemisphere to eradicate servitude. Although the unfathomable social gap generated did not disintegrate with eradication. Contrary wise, as economic and political power, dominated the white's hands, African Brazilians had minimal chances of developing livelihoods. That contributed to the creation of impoverished favelas that additional embedded their marginalization and disadvantage. Under the ministry of culture, a government body, known as the Palmares Foundation (Law7.668 of 1988), had the decree to articulate, endorse, and execute projects and programs that identify, preserve, and stimulate the influence of Afro-Brazilian's culture to the nation. The Foundation held a critical responsibility in creating awareness concerning religious fanaticism through conferences and by giving technical and financial support.
Umbanda and Candomble are the most far-reaching and notable Afro-Brazilian religions. As the best archive of the more seasoned Afro-Brazilian customs (and an immediate precursor of Umbanda, the biggest of the conventions), Candomblé inhabits a prestigious position. Its most seasoned networks in Bahia have gotten the norm by which there are numerous different gatherings. From its sources in northeastern Brazil in the only remaining century of bondage, Candomblé extended to multiple country zones, conveyed by moving laborers to southeast Brazil's industrializing urban areas. Candomblé ceremonial networks, or terreiros, exist in an assortment of structures. More established or more prosperous networks regularly highlight a progression of systems that incorporate "houses" for the divinities; living and cooking space for individuals from the society; a vast lobby for directing services, and both nursery and crude spaces for essential plant assets.
White Umbanda and Kardecian Spiritualism, although established on non-Christian principles (spiritual evolution and reincarnation), seek to be recognized as lawful religions compatible with the Christian faith. Compliant with this appeasing quest, they shift to Afro-Brazilian sects the duty of dealing with the inferior spirits who disrupt pacts relating to violent behavior, symbolic purity, and sexual morality. Umbanda is a creed, which consolidates non-African and African religious impacts. It is fundamental for a priestess to lead the masses. Devotees of Umbanda welcome spirits into their bodies as part of the pack. Umbanda has numerous followers in Salvador, Sao Paulo, and Rio de Janeiro. The Roma (Cigano) is yet another prevalent population among Brazilians. The group comprises noticeably varying subgroups and groups that contrast with traditional and cultural practices, mother tongue, and Religion.
Afro Brazilian Oppression
In the early 20th century, there was significant immigration of Western Europeans to Brazil, enabled by the migration dogmas of 'branqueamiento' intended to increase the white populace and boost its ethnic balance. Currently, Brazil has ample marginal communities of Western Europeans. Within this time, Brazil expedited other immigration policies from Japan and Lebanon. Consequently, 20th century Brazil became a region of religious, racial, and ethnic multiplicity. Although, as it is a fact that certain groups, particularly those that relocated to Brazil through the branqueamiento schema, enjoyed economic and social triumph, others, particularly the African Brazilians, endured stern marginalization owing to traditionally entrenched patterns of oppression and structural subjugation.
Religious life in the slave societies was tough. The African slaves could not have their strict administrations in a typical manner. They were sanctified through water into the Catholic creed with no respect for their will. They were obliged to disguise their cliques and holy people with Christian names; thus, they progressively figured out how to adjust to the new structure. Even though the slaves had to grasp Catholicism ostensibly, they carried the divine beings from Africa interlaced with the recent conviction.
Religious communities' leaders always stressed general harmonious associations with the majority group and pervasive religious acceptance. Muslims and other religious minorities recounted positive experiences regarding religious liberties with no organized hate or intolerance acts. Nevertheless, one exemption is the mistreatment of Afro-religious groups such as Umbanda and Candomble. There has been a rising number of accounts of violence, hate speech, intimidation, and harassment against members of these groups; their religious symbols desecrated, temples burned, and places of worship vandalized. The history of discrimination against African faiths was also fueled by religious leaders' ability to mobilize enslaved persons in rebellions.
Since the start of 2019, Evangelized druggists threatened, attacked, and ruined several Afro-Brazilian sacred sanctuaries. These and other similar attacks are part of a more significant surge of prejudice against Umbanda and Candomble religions, rising since the 21st century. Even though officially consisting of less than 1% of Brazil's population, Afro-Brazilian creeds are more than half of the total victims of religious discrimination.
The inner battle of religious leaders for respect, rights, and visibility decided a change in course. They applied the higher superior level of social renown because of their quality in social and scholastic zones. In the media, these creeds, Candomblé and Umbanda, started to be viewed as genuine potential outcomes of mass transformation. For individuals of color, of blended race, intellectuals, artists, whites, and those from metropolitan working class, including the urban occupants of the cities in Southeast of Brazil. Inquisitively, this inclination to hoist the all-inclusive change to the Afro-Brazilian religions harmed the ethnic character of their African background customs.
Evangelical Christians Influence on Religious Discrimination
There has been a momentous change in the domestic spiritual setting, a shift from Catholics to Evangelic and the non-believers. Many Evangelical Christians leave the Catholic denomination, leaving the Evangelic as the group with the most significant numbers. Examples of denominations in the Evangelicals group are Brazil for Christ, Church of the Foursquare Gospel, Universal Church of the Kingdom of God, and Assemblies of God, all falling under Pentecostals. The non-Pentecostals in this group are Anglicans, Methodists, Presbyterians, and Baptists. The "non-religious" group incorporates those who have faith but not agnostics, affiliated, and atheists.
Other religious groups are Afro-Brazilian doctrines (Candomble, Umbanda), Jews, Muslims, Hindus, and indigenous religions. Even though these religious varieties present many individuals falling in the Christian denominations, Brazil is comparatively fruitful in protecting religious multiplicity. Nevertheless, this spiritual background similarly affects the Judges reasoning. For instance, in one case, the Judge denied to identify Afro-Brazilian practices and beliefs as a creed.
Afro-religious specialists believe that the rising number of evangelism significantly contributes to their religious liberties. For instance, several Terreiro adherents face oppression from Evangelicals, in the form of receiving threats through pamphlets pasted or distributed in their Terreiros. The resilient media proprietorship by Evangelicals is also condemned as a manner of disseminating undesirable stereotypes of Afro-religions. These stereotypes include depicting Afro-religions as those who practice black magic, satanic rituals, voodoo, and devil worshippers. At some point, some Evangelicals tried to enact a bill outlawing animal sacrifice, with the main aim of forbidding Afro-religious rites.
The Law on Religious Minorities
According to Article 5, VI of the 1988 Brazilian Constitution, every individual is equivalent before the statute, with no qualifications at all, Brazilians and outsiders dwelling in the nation being guaranteed sacredness of the privilege to life freedom, equality, safety, and property. Inside this structure, Brazil has set up explicit laws and strategies that contribute mostly to Religion's free exercise. The criminal code ensures the protection of religious opportunity. The courts in Brazil typically depend on various laws to make verdicts on issues concerning freedom of Religion. The Constitution is the prominent Foundation for the verdicts since it affords central human rights. Non-discrimination, equality, and human dignity, together with the separation of State and Religion, are among the ideologies appealed as the critical norms for decision-making. The issue comes in when the State fails to modify old laws that might go against these standards. That is the case with Article 208 of the Brazilian Penal Code that proposes a fine or a jail sentence of up to one year for preventing religious worship practice or publicly ridiculing others because of spiritual capacity.
A particular statutory charter was presented for Quilombo communities. Articles 215 and 216 of the 1988 constitution provide that Quilombo lands be deliberated as Afro-Brazilian social zone and be shielded as a state communal asset. Additionally, Article 68 of the Temporary Constitutional Provisions Act supporting verdict 4887 of 2003 advocates for additional permissible acknowledgment of the Quilombo community rights to the segregation of their territories and lands. The Republican Penal Code terms sorcery and spiritual spells as violations just as witch specialists' exercises (art.158) made legal instruments. A large number of these adepts were charged, judged, and denounced. During the period alluded to as the Second Republic.
Conclusion
In previous constitutions, cases on freedom of religion restrictions were decided by the Brazilian Catholic Apostolic Church in 1949. A sectarian set off the Church and violated the members' rights to manifest their beliefs. Even though the courts did not stop the Church from practicing their religious rites, it prohibited its communal masses since they were found to cause disturbance and disrespect to the Roman Catholic Church.
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