The Intersection between Law and Religion

Faith-based organizations, social transformation, and its legal framework

Abstract

Faith-based organizations are historically identifiable in the most diverse societies around the world. The reunion of humans for the development of a certain activity in favor of a religious awareness is a characteristic of mankind. Thus, the collective entity of a religious nature was present in several phases of history. In the year 2003, the Brazilian Civil Code included faith-based organizations as a category of juridical person under private law, however, the national legislator did not present a concept for this type of juridical person under private law, which has presented numerous divergences regarding its doctrinal definition. This non-conceptualization fosters discussions around which activities are typical of a faith-based organization. Based on the ontological and institutional existence of the collective entity, with a religious purpose, as well as the exercise of activities of great social relevance, the importance of defining this type of legal entity under private law becomes noticeable, especially regarding its possibility of action. Focusing on the important role of faith-based organizations in carrying out activities that promote social transformation, the main objective of this paper is to present a doctrinal concept of these organizations in addition to the possibility of exercising worship and liturgy. To achieve the proposed objectives, the inductive method and a research with theoretical and bibliographic focus were developed. Such methods allow for the conceptualization of the institute under this analysis, also contributing to the construction of the theory that religious organizations can develop activities beyond worship and the liturgy, observing the specific category provided for it in the Brazilian Civil Code.