STJ accepts request from atheist association and prohibits construction of the Bible Museum

The Special Court of the Superior Court of Justice (STJ) decided, by 9 votes to 3, to overturn the decision of Minister Humberto Martins that authorized the construction of the Bible Museum, in Brasília. The work has an estimated cost of R$26 million and would be supported by the Federal District government.

The decision responds to a request from the Brazilian Association of Atheists and Agnostics (Atea) which appealed a 2021 decision in which Martins overturned a DF court injunction that barred the construction of the museum.

At the time, the judge argued that the fact that the country is secular is not an impediment to the construction of museums to house collections related to the most diverse religious manifestations. The minister also highlighted that the interruption of works would harm the local economy, as the new museum could have a positive impact on the development of tourism.

Governor Ibaneis Rocha (MDB) plans to build the Bible Museum in Plano Piloto, central region of Brasília. However, the STJ’s decision calls into question the local government’s plans, as the invalidation of the authorization leaves room for the continuation of previously imposed prohibitions.

In August 2022, the 7th Public Finance Court of the Federal District of the TJDFT had already prohibited the GDF from building the museum, regardless of the form of financing for the building. Judge Paulo Afonso Cavichioli Carmona, responsible for the decision, highlighted that the government was not prevented from building on the site designated for the museum, but emphasized that the work could not “violate the precept of state secularity”.

The STJ’s decision, if not appealed by the Federal District Government (GDF), could be taken to the Federal Supreme Court (STF), further prolonging the dispute surrounding the construction of the Bible Museum in Brasília.

In addition to contesting the construction of the Bible Museum, Atea has also sought to ban a gospel show by singer Anyle Sullivan at the New Year’s Eve party in Copacabana, in Rio de Janeiro, in 2019. At the time, judge Ana Cecília Argueso Gomes stated that the presentation “goes against state secularism and the guarantee of religious freedom”.

Atea also had another request granted by the Court that allegedly violated the secularity of the State. In 2018, the association challenged the installation of a biblical inscription on a monument built in the municipality of Praia Grande (SP).

“There is no question that the secular State is not a State that should repress religious manifestations; it just shouldn’t subsidize them, since, if it did so, it should do so for all religions, since choosing just one is constitutionally prohibited. Pluralism and freedom of belief, therefore, are not irreconcilable”, said judge Marcelo Semer at the time.