The Supreme Court of Brazil has upheld a decision that allows crucifixes and other religious symbols to remain on display in public buildings. The controversy began in 2009 when a citizen claimed that the presence of a crucifix in the Plenary Room of the Regional Electoral Court of the State of São Paulo infringed on the constitutional principles of freedom of belief and state secularism.
Despite the support of the Federal Public Prosecutor, the citizen’s case was unsuccessful in the initial trial and on appeal. When the dispute was brought before the Supreme Court, the claimant faced opposition from the National Association of Evangelical Lawyers and the Brazilian Conference of Catholic Bishops.
The court justified the presence of Christian symbols in public buildings as a part of the country’s cultural traditions, tracing back to colonial times. According to the court, the removal of such symbols could put into question numerous public holidays, and even the names of streets, squares, public places and schools that reflect Brazil’s Christian heritage. The court ruled that these symbols do not infrive any principles as long as their purpose is a representation of Brazilian society’s cultural tradition.
In support of the ruling, Justice Cristiano Zanin cited the European Court of Human Rights’ 2011 “Lautsi” decision. The European ruling permitted the continuation of displaying crucifixes in public schools in Italy. Zanin concluded that the presence of religious symbols in public spaces does not compromise the impartiality of administrators or judges, nor does it infringe on individuals’ freedom to adhere to, renounce, or not have a religion.
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