Legitimidade e legalidade na atuação das igrejas neopentecostais do Brasil

Abstract

This work has as main objective to analyze the legality and legitimacy of the neo-Pentecostal churches aspect in Brazil, for a sociological and legal bias. The established problem in this research is to analyze, through case studies, how society and the legal system should behave in front of some acts committed by religious leaders who are also typified as crimes under Brazilian law. Given this situation, it will be given to the performance of these churches and the legitimacy granted to them by society, by his faithful and by law. The methodology was adopted literature, including books, magazines, newspapers, interviews and other documents from the sociological and anthropological literature, to discuss and analyze the legitimacy of the activities of these churches, as well as bibliographic and documentary of the relevant legal literature, including Brazilian Constitution, the codes and other laws that give basis to discuss and analyze the legality of the actions of the churches in Brazil. Initially, it will be presented a brief appearance of the literature review and development of the Pentecostal doctrine in Brazil, the main participating institutions where this pentecostal and its features. After, we will outline the evolution of religious freedom in the Brazilian legal system, from the colonial era to the 1988 Constitution highlighting the major changes that enabled the cult freedom of design and currently anticipated belief. From a theoretical point of view will be discussed the relationship between legitimacy and legality in Jürgen Habermas, pointed out the strength of moral legitimation of law and other social institutions, and Max Weber will discuss the types of domination that could legalize and legitimize the neo-Pentecostal practices. Then four cases will be examined, first from the sociological and anthropological point of view, advocating a "re-enchantment of the world" brought by the magical practices of neo-Pentecostal strands. And in a second moment, the facts will be seen by a legal bias.