Religious Affirmative Action at the Supremo Tribunal Federal

The Case of the Adventists in Light of the New Natural Law Theory

Abstract

This article aims to explore an unexamined manifestation of Natural Law perfectionism: the promotion of a substantial view of the good by political authority through affirmative action. To achieve this, we investigate the case of Seventh-day Adventists through the analysis of two legal actions, Recurso Extraordinário 611.874 and Agravo em Recurso Extraordinário 1.099.099, both concerning the observance of the Sabbath, submitted to the Brazilian Supreme Federal Court and judged in 2020. The precedents recognized rights for those who observe the Sabbath, including the modification of dates and times in public contests and the state's capacity to establish alternative criteria during the probationary period. Thus, questions arise: Is the perfectionist view unjust, as claimed by proponents of neutrality? How are affirmative action justified and what do they consist of? Are there religious affirmative actions? Can the Seventh-day Adventist case be considered an example of religious affirmative action in light of the substantial good of the New Natural Law Theory? This study employs a bibliographic methodology to interconnect philosophy, politics, and religion, contributing to more in-depth interdisciplinary discussions.