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The unanimous decision has widespread repercussions and should be followed by judges and courts across the country. The case reached the Supreme Court after an appeal by the Public Prosecutor's Office of Rio Grande do Sul
The Federal Supreme Court (STF) unanimously decided that the sacrifice of animals in religious cults is constitutional.
The case reached the Supreme Court in an appeal by the Public Prosecutor's Office of Rio Grande do Sul against a decision by the Rio Grande do Sul Court of Justice that authorized the practice in relation to religions of African origin, as long as it was without excesses and cruelty.
The trial of the case began in August of last year. The rapporteur, Minister Marco Aurélio Mello, voted in favor of the sacrifice of animals in the rituals of all religions, not just those of African origin. All the ministers followed the same understanding.
At the time, however, Marco Aurélio conditioned the slaughter on the consumption of the animal's meat, while the others did not. Minister Alexandre de Moraes requested a review at the time and the trial was resumed this Thursday.
Vote-view
In his vote, Moraes said that the issue was raised in a “prejudiced” manner by the state Public Prosecutor's Office, author of the action, and by the Court's friends, institutions that participated in the discussions at the Supreme Court.
Moraes stated that there was confusion between religious sacrifice rituals and black magic practices, in which animals were mistreated.
“The ritual does not involve cruelty. It does not involve mistreatment. Several photos, arguments cited by some amici curie (friends of the Court), with photos of dead animals thrown on roads and overpasses, have no relation to Candomblé or other religions of African origin. There was confusion, comparing events that are popularly called black magic with traditional religions in Brazil of African origin,” said the minister.
According to Moraes, this “prejudiced” interpretation of the practice was leading to the closure of Candomblé temples by administrative and health authorities. The minister also stated that preventing the practice would be “clearly interfering with religious freedom.”
“The offering of food, including the sacralization of animals, is an indispensable part of the rituals of African-based religions,” stated Moraes.
The minister also voted to extend permission to rituals of all religions, but did not make the practice conditional on the consumption of the animal's meat.
Ministers Luís Roberto Barroso, Rosa Weber, Ricardo Lewandowski, Luiz Fux, Gilmar Mendes, Cármen Lúcia and President Dias Toffoli also voted to authorize the practice and recognize the right of all religions to sacrifice animals in religious services. Celso de Mello was not present at the session.
For Minister Luís Roberto Barroso, there is a lack of knowledge about how rituals are conducted in religions of African origin.
“This is not about sacrifice or sacralization for entertainment purposes, but rather for the purpose of exercising a fundamental right, which is religious freedom. There is no cruel treatment of these animals. On the contrary. The sacralization must be carried out without unnecessary suffering to the animal,” said Barroso.
“It seems clear to me that when it comes to animal sacrifice in these Afro cults, this is part of the liturgy and is constitutionally protected,” said Lewandowski.
The decision was taken in an appeal with general repercussions and should be applied by all courts and judges in the country in similar cases.
