Secularism as non-theocracy. Brazil’s confessional religious education in public schools

This article examines the Brazilian Federal Supreme Court’s ruling on the constitutionality of confessional religious education (CRE) in public schools. It argues that the Court’s endorsement of CRE marks a significant departure from a republican conception of secularism, traditionally associated with the role of public education in forming democratic citizens. The article contends that the Court redefines secularism in minimal terms – as non-theocracy – thus allowing public institutions to support religious instruction, even at the expense of the ideal of democratic citizenship. Four core arguments underpinning the decision are reconstructed and critically assessed: the facultative, constitutive, basic rights, and tradition arguments. Using the tools of normative political philosophy, the article demonstrates that even rigorous reconstructions of these arguments fail to meet minimal standards of public justification. In doing so, it challenges the notion that CRE can be reconciled with the values of a constitutional democracy.