scholarly journals The 2008 Agreement Between the Holy See and Brazil on the Juridical Statute of the Catholic Church in Brazil in the Eyes of the Brazilian Superior Courts

2021 ◽  
Vol 13 (13) ◽  
pp. 445-451
Author(s):  
Eduardo Szazi

In 2008, Brazil and the Holy See entered into an Agreement on the Juridical Statute of the Catholic Church and its Ecclesiastical Institutions in Brazil (the “Agreement”). The Agreement was approved by the Brazilian Congress by Legislative Decree 698 on October 7, 2009 and entered into force in the international sphere on December 10, 2009. On February 11, 2010, by Presidential Decree 7.107, it entered into force in the domestic sphere. The purpose of this essay is assessing the consistency of the Agreement with the State laicity enshrined in the 1988 Brazilian Constitution. The hypothesis is the validity of the Agreement due to the special status of the Holy See in International Law. The methodology of study consisted in describing the historical background of the relationship between State and Church in Brazil as a preamble for surveying cases which have dealt with the 2008 Agreement and the corresponding decisions at the Brazilian Superior Courts. As a result, we have found out that the Brazilian Judiciary sustained the compatibility of the Agreement with the laicity of the Brazilian State enshrined in its 1988 Constitution in two leading cases that addressed, respectively, the possibility of confirmation, by Brazilian Courts, of ecclesiastical declarations of nullity issued by marriage tribunals under the Code of Cannon Law, and the possibility of confessional classes in public schools. Both possibilities were eventually upheld by Brazilian Superior Courts in landmark rulings on the status of the Holy See in the Brazilian practice of international law.

2021 ◽  
Vol 12 (12) ◽  
pp. 375-382
Author(s):  
Eduardo Szazi

In 2008, Brazil and the Holy See entered into an Agreement on the Juridical Statute of the Catholic Church and its Ecclesiastical Institutions in Brazil (the “Agreement”). The Agreement was approved by the Brazilian Congress by Legislative Decree 698 on October 7, 2009 and entered into force in the international sphere on December 10, 2009. On February 11, 2010, by Presidential Decree 7.107, it entered into force in the domestic sphere. The purpose of this essay is assessing the consistency of the Agreement with the State laicity enshrined in the 1988 Brazilian Constitution. The hypothesis is the validity of the Agreement due to the special status of the Holy See in International Law. The methodology of study consisted in describing the historical background of the relationship between State and Church in Brazil as a preamble for surveying cases which have dealt with the 2008 Agreement and the corresponding decisions at the Brazilian Superior Courts. As a result, we have found out that the Brazilian Judiciary sustained the compatibility of the Agreement with the laicity of the Brazilian State enshrined in its 1988 Constitution in two leading cases that addressed, respectively, the possibility of confirmation, by Brazilian Courts, of ecclesiastical declarations of nullity issued by marriage tribunals under the Code of Cannon Law, and the possibility of confessional classes in public schools. Both possibilities were eventually upheld by Brazilian Superior Courts in landmark rulings on the status of the Holy See in the Brazilian practice of international law.


2021 ◽  
Vol 21 (2021) (2) ◽  
Author(s):  
Gašper Mithans

The article discusses some key political problems in Slovene and Yugoslav history through the relationship between Anton Korošec, a Catholic priest and one of the most prominent politicians of the Kingdom of Serbs, Croats and Slovenes/Yugoslavia, and Ermenegildo Pellegrinetti, the apostolic nuncio in the first Yugoslavia. The analysis of memoirs and archival sources presents contextualised personal insights into the politicization of the Catholic Church and the activities of Catholic parties, including the issue of nationalisms, the anti-fascist action of Slovenes and Croats in Italy and the failed attempt to adopt a Concordat between the Kingdom of Yugoslavia and the Holy See.


2018 ◽  
Vol 54 ◽  
pp. 345-358
Author(s):  
Mariam Kartashyan

The attempts of Pope Pius IX to restrict the ecclesiastical rights of the Armenian Catholics with his bull Reversurus (1867) led to the Armenian schism in 1871. A factor which was decisive for the development of the relationship between the Armenian Catholic Church and the Ottoman empire, under whose rule the Church existed, was the influence of other powers. This article analyses the background of this relationship and its significance for the Armenian schism. For this purpose, first, the ecclesiastical rights of the Armenian Catholic Church during the period before the publication of Reversurus and their relation to the internal policy of the Ottoman empire are outlined. Second, the influence of the domestic and foreign policy of the Ottoman state on its relationship with its Armenian Catholic subjects is elucidated. In this way, it is shown that the historical background of the Armenian Catholic Church and the internal political circumstances of the Ottoman empire were intertwined and shaped the relationship between the Armenian Catholics and the Ottoman state. Despite this, relations between the Ottoman empire, the Holy See and other European empires came to exercise a predominant influence, leading by the end of the 1870s to the Armenian Catholic Church's enforced acquiescence in ecclesiastical change.


2019 ◽  
Vol 54 (2) ◽  
pp. 176-200
Author(s):  
Ante Delić

The Vatican had never recognized the Independent State of Croatia (henceforth ISC) in accordance with its traditional policy of not giving recognition to the countries formed in war until hostilities cease and peace treaties come into effect. However, a few months after the declaration of the ISC, the Holy See sent an apostolic visitor to the Croatian Catholic episcopate in Zagreb, Dr. Ramiro Marcone, a monk from the Benedictine abbey in Montevergine, Italy. Marcone was accompanied by his secretary, Dr. Giuseppe Masucci, also a Benedictine monk. The two men lived in Zagreb until the end of the ISC in 1945 but also stayed for some time after that. In accordance with their duties, Marcone and Masucci were in contact with the archbishop of Zagreb, Alojzije Stepinac, on a daily basis and were thus well-informed about numerous issues of the time, especially those pertaining to the relationship between the Catholic Church and the government of ISC. The Catholic hierarchy headed by archbishop Stepinac, welcomed the proclamation of ISC and throughout the war expressed their belief that the Croatian people had the right to its own independent state. Abbot Marcone and his secretary Masucci acted in synergy with archbishop Stepinac. In accordance with his mission Marcone submitted reports to the Holy See while his secretary Masucci kept notes in his diary. One can observe Masucci's constant work on saving the persecuted, specially Jews from his diary (which has two different versions in Croatian translation). After the end of ISC, Masucci and Marcone were under strict surveillance and control of the secret service of the new communist regime which considered the Catholic Church an enemy of the state and openly persecuted it with the intention of destroying it. Abbot Marcone travelled to Rome on 10 July 1945 and the Yugoslav authorities denied him re-entry. His secretary Masucci also left Yugoslavia on 20 March 1946 after constant pressure from the new administration and was also denied re-entry.


2019 ◽  
Vol 64 (256) ◽  
pp. 771
Author(s):  
Ivo Müller

O autor abre o artigo, situando a família na atual conjuntura, onde o modelo familiar passou por uma significativa mudança de paradigma, ou seja, do modelo estável de valores ao modelo instável. Em seguida, tece alguns acenos históricos sobre a obrigatoriedade do matrimônio na Igreja, contrastando o matrimônio ideal com as uniões irregulares em significativo aumento no seio da Igreja. Neste contexto, o autor enfoca o batismo de crianças, cujos pais vivem de modo irregular na Igreja, e a relação entre pastoral dos divorciados recasados e participação eucarística. Releva a experiência das Igrejas Ortodoxas e das Igrejas da Reforma para, em seguida, apresentar as soluções pautadas pela Igreja Católica. Conclui o artigo, usando o exemplo do bom samaritano para demonstrar o olhar condescendente que a Igreja Católica deveria ter diante dos matrimônios falidos na Igreja.Abstract: The Author begins the article by placing the family in its present context, where the family model has been subjected to a significant change of paradigm, going from a stable to an unstable model of values. Next, he discusses some of the historical background for the fact that the matrimony is obligatory in the Church, contrasting this ideal matrimony to the “irregular unions” that are increasing significantly inside the Church. In this context, the Author focuses on the baptism of children whose parents live in an irregular situation in terms of the Church, and the relationship between the spiritual care of remarried divorcees and Eucharistic participation. He reveals the experience of the Orthodox and Reform Churches in order to compare them to the solutions proposed by the Catholic Church. He concludes the article using the Good Samaritan’s example to demonstrate the type of tolerance that the Catholic Church should show towards broken marriages in the Church.


2019 ◽  
Vol 6 (10) ◽  
pp. 127
Author(s):  
Enrique Somavilla

La Santa Sede es el órgano de gobierno de la Iglesia católica, que se encuentra físicamente en el diminuto territorio del Estado de la Ciudad del Vaticano; que se encuentra sujeta al Derecho Internacional con personalidad jurídica internacional. La Curia romana es el brazo ejecutivo del gobierno de la Sede Apostólica. La autoridad suprema del Santo Padre se extiende por igual a la jerarquía eclesiástica como a los fieles cristianos; tanto individual como colectivamente. En virtud de su oficio pastoral, le corresponde dirigir al Estado de la Ciudad del Vaticano, como su Jefe de Estado; de llevar adelante la misión de Pedro como su sucesor al frente de la Sede Apostólica y ejercer el servicio de Supremo Pastor de la Iglesia católica en cuanto Vicario de Cristo, como ejercicio del ministerio petrino___________________________________________The Holy See is the organism of Catholic Church’s government which is found physically in the small territory of the Vatican City State. This one is subject of International Law with international judicial personality.  The Roman Curia is the executive branch of the Apostolic See government. The higher authority of the Holy Father spreads equally for ecclesiastical hierarchy and the faithful Christians, individually and collectively. The Pope, in virtue of his pastoral function, is the responsible of leading the Vatican City State as his chief of State. He also has to carry forward Peter’s mission as his successor in front of the Apostolic See and exercise the service as Supreme Shepherd of the Catholic Church as Vicar of Christ, exercising the Petrine Ministry.


Author(s):  
Ewa A. Golebiowska ◽  
Silviya Gancheva

It is a truism to say that most Poles are Catholic. Yet, there is also a large number of other churches and religious organizations that are currently registered with the Polish state, although they are very small in the number of adherents they boast. In comparison with other churches and religious organizations, the Catholic Church is a uniquely important social and political actor today and has played an important role in Poland’s over millennium-long history. A brief review of the history of the Catholic Church in Polish society and politics helps illustrate how the Catholic Church has come to play the role it plays in present-day Poland. At present, its relationship to the Polish state is formally outlined in the Constitution, several statutes concerning religion, the country’s criminal code, and an international agreement with the Vatican known as the concordat. Three issues—religious education in public schools, the relationship between the Church and state finances, and the Church’s openness to new religious movements—illustrate how the Catholic Church and state in Poland interact in practice. More informally, religious expression in the country’s public square provides further insight into the relationship between church and state in Poland.


1994 ◽  
Vol 28 (4) ◽  
pp. 707-730 ◽  
Author(s):  
Deborah Perla

I. The Fundamental Agreement between the Holy See and the State of IsraelOn December 30, 1993, the Fundamental Agreement between the Holy See and the State of Israel was signed in Jerusalem by representatives of both parties. The agreement, which precedes the first diplomatic relations entered into between the Holy See and the State of Israel, covers areas of international relations which include both general issues such as human rights and freedom of religion and particular issues regarding Vatican-Israel relations, such as the status of the Catholic Church in Israel and the role of the Holy See in territorial disputes in the region. The goals and meanings of many of the provisions of the Agreement have as yet to be further defined however, and several of them will be discussed following a brief survey of the historical events leading to the conclusion of this agreement.


Author(s):  
Thomas Brodie

The centrality of co-existence and negotiation to the relationship between the Catholic Church and Nazi regime was already in evidence during the period 1933–9. Although in 1932 the Catholic episcopate had banned the faithful from wearing Nazi uniforms to mass, and had extended this to a general ban on membership of the NSDAP, it swiftly rescinded these restrictive measures following Hitler’s ‘seizure of power’ in January 1933....


1983 ◽  
Vol 14 (3) ◽  
pp. 167-186 ◽  
Author(s):  
John W. Burton

AbstractIf my discernment of the thought that underlies his study of Nuer religion is not entirely misconstrued, then one can assert a logical consistency between Collingwood's methodology for history and Evans-Pritchard's for ethnography. It is worthwhile, in that light, to consider the fact that "at one time Evans-Pritchard contemplated writing Collingwood's biography" (Beidelman 1974:559). One commentator, (Kuper 1980:118) typifies this methodology as "postwar idealism" and suggests that the major works he published in the later decades of his presence at Oxford demonstrate the "sterility" of his methodology and theory. Still others have hinted that his entry into the Catholic Church was later reflected in his depiction of Nuer religous life. These are remarkable assertions, when one takes the time to reflect on the many ways in which his own approach and writings have so profoundly influenced the direction of anthropological enquiry in his own country and abroad. The fact is, one can no longer write ethnography in lieu of a solid understanding of the historical circumstances which have resulted in the contemporary 'ethnographic present'. At the same time, practitioners of the discipline have addressed from almost every angle the proposition that all ethnography is indeed a good part confession-that we write what we are able to see. That is precisely the quality of the work that will guarantee the status of Nuer religion as a classic. The methods of history and anthropology can only become more similar. Anyone who holds an absence of definition or presumed repugnance toward theory as criticisms of his contributions, has truly lost the forest for the trees. It is all the more remarkable that his methodological and theoretical advances in the anthropological study of religion are to be found not in his answers, but in the questions he raised.10


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