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As influências mosaicas na Constituição da República Portuguesa de 1976
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This thesis brings Law and Religion together in search of an answer to a fundamental question: what are the influences of LM on CRP? This question unfolds in many others that lead the reader to reflect on the origins of Torat Moshe and the Portuguese Basic Law, in the social, political and economic conjuncture in which they were elaborated, in their legislators, in the similarities and differences that both present to the formal and material level.
This study deals with the study of the legal, moral and religious roots of the LM and reveals the degree of influence they exert in the western constitutional world, especially in the CRP. The primary objective outlined was to understand how the CRP enshrines biblical values and principles (commandments) in its normative cast. To this end, in Part I, the thesis starts from an investigation into the constitution of the Bible, where the Mosaic Legislation relevant to this study is found. Relevant chronological, historical, cultural, geographic, legal and theological data are produced on Hebrew Law, comparing it with other previous and subsequent Codifications. Next, we look at the Decalogue as an ethical code, and we think about its relationship with the Ius Divinum and the Ius Naturale. In the next phase, in a theoretical-constitutional aspect, the CRP is problematized, namely its authority and positivization of fundamental principles, rights and duties enshrined in it.
In Part II, a study of Comparative Law between the Mosaic Law (Decalogue) and the CRP is presented, with the following comparative grid: a) Historical and sociological elements; b) The originality of the Law under analysis; c) Personal rights, freedoms and guarantees and d) Economic rights and duties. In its development, the Ten Commandments and the corresponding articles in the CRP are exposed, analysed and compared.
In Part III is made a critical assessment on the proximity of Law and Religion in the current Portuguese constitutional scenario. Looking at the way in which the Mosaic precepts penetrated the West, a fact possible due to the expansion of Christianity, which, at certain points, brings with it an axiological and religious reinterpretation of values and principles, it is analysed the nexus between the Jewish-Christian cosmovision and the juridical-constitutional discourse in the secular State of Law.
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Religião Lei Mosaica Decálogo Direitos Fundamentais Religion Law of Moses Ten Commandments Fundamental Rights