ADPF 442: THE PARADOX OF TOLERANCE AND RELIGIOUS FREEDOM IN THE BRAZILIAN SECULAR STATE

Abstract

This article examines Karl Popper’s Paradox of Tolerance in the Brazilian context, using ADPF 442 (abortion decriminalization) as a case study. Against the backdrop of advancing religious caucuses in the Legislature, it discusses how to reconcile religious freedom with state secularism without undermining fundamental rights. The overarching goal is to analyze how Popper’s paradox can serve as a rational criterion for balancing secularism and religious freedom. The rationale lies in the urgency to protect minorities amid the increasing judicialization of moral agendas. The study is divided into two main sections: the first establishes the conceptual foundations of freedom, while the second analyzes ADPF 442 through Popper’s lens. Methodologically, it employs a qualitative approach using the deductive and case study methods, on primary and secondary sources. The conclusion asserts that tolerance must be limited in the face of intolerant discourses to preserve the Rule of Law, particularly in areas like reproductive health, where certain religious dogmas may threaten fundamental rights.