A consolidação das liberdades individuais e do direito à liberdade religiosa nos usos ritualísticos e recreativo da ayahuasca

Abstract

The use of a substance with a psychotropic effect in some religious rituals led the Brazilian State, after an intense study involving many participants, to issue a regulation that would allow the use of ayahuasca in its rituals, restricting other uses. However, would the regulatory norm be in compliance with the principles set out in the Federal Constitution and consolidate the rights to religious freedom and individual freedoms? From this question, the present study analyzes the consolidation of the fundamental rights of freedom in the regulation of the use of the mentioned psychotropic substance. The second chapter provides a detailed description of what ayahuasca is, its history and its proven effects through reports from religious groups and research in the social and health areas. Then, it presents the uses of ayahuasca that were recognized and regulated by the norm edited by the government in all its recognized forms, among them the explanation of the main religions spread in Brazil and in the world. At the end of the chapter, the other uses of ayahuasca are presented, demonstrating that the adopted form of regulation no longer encompasses all interested parties, promoting a legislative vacuum. The third chapter explains the religious freedoms guaranteed in the Constitution that are currently recognized or suppressed in the Brazilian legal system, highlighting the religious bases applied to the regulatory norm, the fundamental rights of religion and belief and the way in which the State interferes in religions, mainly in the case of ayahuasca religions. The fourth chapter exposes the individual and collective freedoms and guarantees that are recognized or suppressed in the regulations given to the use of ayahuasca, demonstrating the legislative paths taken and what are the solutions for a more inclusive legislation. It is believed that the present work satisfactorily analyzes how constitutional freedoms are met by legislation and provides some subsidies for a subsequent legislative amendment that is more inclusive of groups that, although using ayahuasca, still do not have recognition by the legislation in force.