RELIGIOUS SACRIFICE OF ANIMALS AND THE INTERPRETATION OF THE GUARANTEE OF RELIGIOUS FREEDOM IN THE DEMOCRATIC FRAMEWORK

This work analyzes the interface of religious freedom with self-determination of conscience, freedom of thought expression and cultural manifestation. The study is contextualized from the STF decision in RE 494.601/2006, which declared the constitutionality of the Gaucha's law that allowed the sacrificial slaughter of animals in the exercise of religious freedom. It aims to analyze the importance of religions freedom and its consequences in a democratic scenario, address the essentiality of the sacrificial rite for religious aspects of African matrix religions and its protection to ensure religious freedom and worship of its adherents. It is a qualitative approach, starting from a bibliographic review, collecting information directly from practitioners and priests of African-based religions of greater expression in Brazil to conclude that the liturgy of some currents of these religions currents is concerned with avoiding the suffering of the animal, with ritualistic preparation for slaughter, according to religious dogmas, and that, therefore, such religious manifestations must be protected in a democratic scenario, under penalty of violating their essential core.