*DiEgO* (CC)

 

Basilic of Saint Peter, Vatican

The Floor approved, on Wednesday (26), the proposal that concerns the agreement between Brazil and the Vatican relating to the Juridical Statute of the Catholic Church in Brazil, signed in November 2008.

The text of the Proposal to Legislative Decree 1736/09 confirms rules already carried out in Brazil about religious education, marriage and the provision of spiritual guidance in jails and hospitals. The proposal, now, goes to the Senate.

The text stresses that there is no employement relationship between religious workers and the catholic institutions and assures the secrecy of the priest duty and tributary immunity for ecclesiastic entities. For any foreign people coming to Brazil to perform pastoral activities, no visa is required.

The format of an agreement to rule matters of a religious nature is only possible because the Vatican belongs to the Public International Right. In other words, he is recognized as a State.

Marriages and Schools
As already specified by the Brazilian Civil Code, the marriage performed by the Catholic Church that also meets the demands of Justice will have civil effects, provided that it is duly registered in a Notary’s Office.

The treaty mentions the respect to the importance of religious education, either catholic or of other religion. However, a safeguard is made that the enrollment in this course in public schools is optional.

This subject created controversies in the Floor. The rapporteur Chico Abreu (PR-GO), of the Committee on Education and Culture, presented an amendment to suppress the expression “catholic and of other religions” of the article which provides the religious teaching. The Leader of the DEM, Ronaldo Caiado (GO), criticized the decision of Abreu, saying that the Constitution does not allow changes in the texts of international treaties signed by the President of the Republic. Given this controversy, the rapporteur withdrew the amendment.

Criticism
In a separated vote against the proposal, the deputy Regis de Oliveira (PSC-SP) pointed out what would not be unconstitutional aspects of the proposed rules. According to him, being approved, the agreement is granted status of ordinary law, however its text would conflict with other laws already enforced.

Oliveira criticized, for example, the demand that municipalities should retain spaces in its territory for religious purposes. The treaty establishes that these spaces will be analyzed “in the instruments of urban planning to be established in the respective guide plan” – what would be, therefore, interference in local laws.

Opinions
According to the Ministry of Foreign Affairs, the agreement proposal was in discussion since September 2006 and there were made adequation adjustments of legal language, with a few changes in the original text proposed by the Holy See.

The subject received favorable opinions of t deputies Antonio Carlos Biscaia (PT-RJ), Luiz Sérgio (PT-RJ) and Chico Abreu, respectively by the committees of Constitution and Justice and Citizenship (CCJ); of Labor, Administration and Public Services; and Education.

Before going to the Floor, the agreement already had been approved by the Committee on Foreign Relations and National Defense, with favorable opinion of Deputy Bonifácio de Andrada (PSDB-MG).

Reporting – Eduardo Piovesan
Edition – João Pitella Junior
Translation - Grupo Solucion-SP Language/Edgar Casadei