Brazil's Federal Supreme Court has unanimously ruled to allow the presence of religious symbols in public buildings, stating that their display does not conflict with the country's secular principles.
The 11 justices determined that symbols such as crucifixes are permissible as reflections of Brazil's history and cultural traditions, according to the legal advocacy group ADF International, which submitted a legal brief referenced in the court's reasoning.
“The presence of religious symbols in public buildings—whether at the federal, state, district, or municipal level—when intended to reflect the cultural tradition of Brazilian society, does not violate the principles of non-discrimination, state secularism, or impartiality,” Judge Cristiano Zanin wrote in the ruling.
Judge Alexandre de Moraes stated that symbols in public spaces are acceptable as long as they align with the intention of reflecting the historical, cultural, and traditional aspects of Brazilian society, which is predominantly Catholic.
The case, which dates back to 2009, arose from a complaint filed by a Brazilian citizen who claimed that the presence of religious symbols in public spaces caused him emotional distress.
The Federal Public Ministry, Brazil's Attorney General's Office, supported the plaintiff's request for the removal of all religious symbols from federal and state buildings, arguing that their presence violated the principle of non-discrimination and compromised the religious freedom of all Brazilian citizens.
However, the lawsuit was dismissed by both the trial and appellate courts, and a subsequent appeal was also rejected. Ultimately, the case reached the Supreme Court, leading to last week's decision rejecting the arguments of the Public Prosecutor's Office.
The court's decision is binding on all federal and state public entities in Brazil, according to ADF International.
Tomas Henriquez, ADF International's director of advocacy for Latin America and the Caribbean, described the ruling as “a resounding victory for religious freedom in Brazil.” Henriquez argued that the “wounded emotions” argument was insufficient to justify banning religious symbols.
The ADF International report emphasized that the principle of state neutrality should not be interpreted as hostility towards Christianity and highlighted the importance of recognizing the historical, cultural, and social significance of Christianity in Brazil.
The case drew parallels with a prominent European case.
In 2011, the Grand Chamber of the European Court of Human Rights issued a similar judgment in Lautsi v. Italy, upholding Italy's right to display crosses in classrooms and concluding that such symbols were not incompatible with the principles of the European Convention on Human Rights.
ADF International also participated in the European case, offering legal expertise on behalf of members of the European Parliament.
Originally published by Diario Cristiano, Christian Daily International's Spanish edition.
