We can sue STF against ordinance that prohibits religious in villages

Podemos filed a Direct Action of Unconstitutionality (ADI) at the Federal Supreme Court (STF) to suspend the federal government’s ordinance that restricted access by religious people to Yanomami indigenous lands and prohibited “religious proselytism” during the period of validity of the Emergency in Public Health of National Importance. The rapporteur for ADI 7355 in the STF will be Minister Nunes Marques.

In the petition, the party alleges that the ordinance “suppresses and hinders the exercise of constitutional rights, hampering freedom of expression and religion, as well as violating state secularism.”

According to the party, the demands of the measure implemented by the Lula government are in “non-compliance with the content of the Constitution”, in view of the government’s determination to “prohibit the exercise of any religious activities with indigenous peoples, as well as the use of with religious images or expressions”, as provided for in the ordinance.

“The FUNAI/SESAI joint ordinance No. 1/2023 directly affronts fundamental guarantees, freedom of expression (art. 5, item IV, of CRFB/88); religious freedom (art. 5, items VII and VIII, CRFB/88) , and contracting with the Secular State (art. 19, item I, of CRFB/88)”, explains the party.

Experts consulted by People’s Gazette also pointed out a series of unconstitutionalities in the ordinance. Among religious people, the ordinance is seen as prejudiced.

At the same time, a draft legislative decree (PDL 30/2023) authored by Senator Carlos Viana (Podemos-MG) which aims to stop two items of the ordinance — precisely those dealing with religious freedom. “In view of the country’s legal system, all recommendations and prohibitions that subdue the exercise of freedom and religious proselytism are unconstitutional, and therefore deserve reprimand and rejection”, wrote the senator, in the justification for the project.