As quatro saias de Maria

O Poder Judiciário e a autonomia religiosa da Irmandade da Nossa Senhora da Boa Morte e Glória (Cachoeira, Bahia)

Abstract

This article examines the tension between the principle of inafastability of judicial review and the freedom of self-determination of religious organizations, focusing on the Irmandade da Nossa Senhora da Boa Morte e Glória, a traditional religious devotion in the municipality of Cachoeira, Bahia, predominantly composed of Black women. The central research question is: to what extent may the Judiciary intervene in the internal practices and norms of such organizations without violating their autonomy while simultaneously ensuring the protection of fundamental rights of their members? The general objective is to understand how anti-discrimination law can provide normative parameters to balance judicial protection with respect for the cultural and religious specificity of Afro-Brazilian organizations. The specific objectives are: to examine the constitutional foundations of religious autonomy and its relationship with the principle of access to justice; to analyze, from an anti-discrimination perspective, the impacts of judicial action on the Irmandade da Nossa Senhora da Boa Morte e Glória; and to identify forms of judicial intervention capable of preventing religious racism without undermining the social embeddedness and cultural tradition of the Irmandade. The study adopts a qualitative methodology, grounded in bibliographic and documentary research, with an interdisciplinary approach drawing from religious studies, anthropology, and law. The analysis is supported by scholarship on judicial interference in religious organizations, anti-discrimination theory, and studies on religious racism. An empirical case study of the Irmandade is conducted through historical, ethnographic, and normative records, in order to assess how judicial intervention may affect the preservation of its religious and cultural practices.

     

This article examines the tension between the principle of inafastability of judicial review and the freedom of self-determination of religious organizations, focusing on the Irmandade da Nossa Senhora da Boa Morte e Glória, a traditional religious devotion in the municipality of Cachoeira, Bahia, predominantly composed of Black women. The central research question is: to what extent may the Judiciary intervene in the internal practices and norms of such organizations without violating their autonomy while simultaneously ensuring the protection of fundamental rights of their members? The general objective is to understand how anti-discrimination law can provide normative parameters to balance judicial protection with respect for the cultural and religious specificity of Afro-Brazilian organizations. The specific objectives are: to examine the constitutional foundations of religious autonomy and its relationship with the principle of access to justice; to analyze, from an anti-discrimination perspective, the impacts of judicial action on the Irmandade da Nossa Senhora da Boa Morte e Glória; and to identify forms of judicial intervention capable of preventing religious racism without undermining the social embeddedness and cultural tradition of the Irmandade. The study adopts a qualitative methodology, grounded in bibliographic and documentary research, with an interdisciplinary approach drawing from religious studies, anthropology, and law. The analysis is supported by scholarship on judicial interference in religious organizations, anti-discrimination theory, and studies on religious racism. An empirical case study of the Irmandade is conducted through historical, ethnographic, and normative records, in order to assess how judicial intervention may affect the preservation of its religious and cultural practices.