Jucá, Francisco PedroBujosa Vadel, Lorenzo-Mateo2024-11-142024-11-142023ALMEIDA, Patrícia de Battisti. O direito de liberdade religiosa e os meios processuais para sua efetivação no Brasil e na Espanha 454 f. Tese (Doutorado) – Faculdade Autônoma de Direito (FADISP), Universidade de Salamanca, Programa de Pós-Graduação Stricto Sensu – Função Social do Direito – São Paulo, 2023.http://repositorio.unialfa.com.br/handle/123456789/461Freedom of religion, a right inscribed in the article 5 of the Brazilian Federal Constitution and in the article 16 of the Spanish Constitution of 1978, itself a forming element of human dignity, is one of the fundamental rights that are the basis of the Democratic State based on the rule of law (Brazil) and the Social Democratic State based on the rule of law (Spain). Nevertheless, such right can only be said to actually exist in ant given country if effective judicial procedures are available. This thesis aims to check what are the constitutional lawsuits available in Brazil and in Spain for the defense of religious liberty. By means of bibliographical research and analysis of judicial precedent, the author examines the subject matter through the presentation of the following items: constitutional guarantees and procedures related to freedom of religion in Brazil and in Spain; analysis of the most relevant precedents on religious liberty of the Brazilian and Spanish superior courts, and the precedents of the Inter American Court of Human Rights and the European Court of Human Rights; discussion about the degree of protection afforded by Brazilian and Spanish law to freedom of religion; the suggestion of steps that can be taken by both the Brazilian and Spanish governments to increase the protection afforded to freedom of religion. In conclusion, the different kinds of lawsuits that can be proposed to defend religious liberty influence the degree of protection the courts are able to give to such right. The responsibility for the effectiveness of religious liberty lies with the State, inasmuch as the State offers more or less effective judicial remedies to uphold the right to freedom of religion. All in all, the importance of studying different judicial systems cannot be overstated as it can help promoting the dialogue and the exchange of ideas on the subject of law.ptLiberdade religiosaDireitos fundamentaisGarantias constitucionaisTribunal Constitucional Espanhol