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State and religions: The case of Germany

Abstract

The goal of this article is to present, in a descriptive and analytical manner, the relationship between the state and religions, i.e. religious communities in Germany, as a subsidy for such discussion in Brazil. References for comparison in Brazil are, generally, France and the United States. Both the French laicité and the United States’ wall of separation clearly differ from the German model. The latter does not leave doubts as to the neutrality of the state in religious matters, but presents itself, at the same time, as a model of generosity in relation to the religions. In spite of the traditional biconfessionality, this model appears to be compatible with a growing religious pluralism. The religious situation in Germany is presented in a sociological perspective, followed by an analysis of the legal situation of religions in that country in the perspective of law, historically and systematically. The article ends pointing to historical documents that show traces of the German model, suggesting to the reader that this model would be worth discussing again in today's Brazilian context.

Keywords:
Constitutional law; Secular state; Religious freedom; Germany; Brazil

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