RELIGIOUS MINORITIES AND ANIMAL SACRIFICATION: ANALYSIS OF THE RE 494,601/2019 IN THE LIGHT OF MACCORMICK THEORY ANÁLISE DO RE N. 494.601/2019 À LUZ DA TEORIA DE MACCORMICK

Abstract

This article aims to analyze, from the perspective of Neil MacCormick's argumentative theory, the decision of the Federal Supreme Court in the Extraordinary Appeal N.. 494.601/2019-RS, which established the thesis, with general repercussion, of the constitutionality of the law of animal protection which, with the purpose of safeguarding religious freedom as a cultural right of religious groups of African origin, allowed the sacralization of animals in the liturgical act. The investigated hypothesis also addressed the fundamental right of religious freedom and constitutional protection to the environment, in terms of forbidding cruel treatment of animals. From the classification of the decision arguments in linguistic, systemic, and teleological, it was possible to conclude that, in a general perspective, the decision reached the criteria of universality, consistency and coherence, and can be considered a correct solution for the Democratic State of Law, under the terms proposed by MacCormick. The research carried out used national and foreign doctrine as a source, as well as national legislation and jurisprudence, being analyzed by the deductive and inductive methods, respectively.