A laicidade estatal e as parcerias com as organizações religiosas na Lei nº 13.019/2014 (MROSC)

Abstract

Historically, religious entities have always been present in actions of a social nature. With the enactment of Law No. 13.019/2014, which governs partnership relations with the third sector, these entities were recognized as civil society organizations, being able to establish partnerships and receive public resources. The study's problem was to investigate whether the new legal framework violates the secular state, because religious organizations can receive public funds, for this reason, sectors of the press and part of the doctrine fear interference and political manipulation in these partnerships. The methodology used in the work was based on a descriptive and bibliographic dimension, as it sought to characterize the partnerships between religious entities and the State in the light of the principle of secularism, with a theoretical framework in the thoughts of José Afonso da Silva that emphasizes secularity and respect for the participation of religious organizations and Daniela Milani who addresses secularism and the place of religion in the public space as a consolidation of the democratic state. It was concluded that the MROSC based its rules on the foundation of secularism contained in art. 19, I, of CR/88, providing in its provisions guidelines that support the principle of the secular State between religious organizations and the State in the relationship of the third sector.