Abuso de poder religioso pela condição sexual ou de gênero: uma análise do impedimento de batismo na Igreja Presbiteriana Renovada de Aracaju

Abstract

Approximately seven years ago, the Supreme Federal Court (STF), in the context of Direct Action of Unconstitutionality by Omission No. 26, recognized the Brazilian National Congress’s unconstitutional omission in failing to specifically criminalize homotransphobia. The Court accordingly mandated the application of the Brazilian Anti-Racism Statute until the enactment of specific legislation. During the proceedings, evangelical institutions participated as amicus curiae, arguing that such criminalization would infringe upon religious freedom. This contention was rejected by the Court, which held that protections against homotransphobia are fully compatible with the free exercise of religion. This study examines the tension between the criminalization of homotransphobia and religious liberty, focusing on the role of Brazilian evangelical churches in excluding LGBTQIA+ individuals from religious ordinances, particularly baptism. The research adopts a qualitative methodology, combining a literature review with a case study centered on the denial of baptism to an openly gay यवकु in an evangelical church in Aracaju, subsequently litigated before the Court of Justice of Sergipe. The findings indicate that religious freedom, as formally guaranteed by the 1988 Brazilian Constitution, has not been systematically violated against evangelical communities in Brazil. The case analysis further suggests that the denial of participation in religious ordinances, when directly grounded in sexual orientation or gender identity, may constitute the criminal offense of homotransphobic racism under the constitutional framework expanded by ADO No. 26. The study also demonstrates that religious liberty cannot be invoked as a shield to legitimize discriminatory practices, nor as a means to suppress or criminalize internal dissent expressed by religious actors who are also sexual and/or gender minorities.