BETWEEN UNIFORM AND FAITH: RELIGIOUS FREEDOM OF THE MILITARY IN THE LIGHT OF JÜRGEN HABERMAS' COMMUNICATIVE RATIONALITY
Habermas; religious freedom; conscientious objection; military hierarchy; communicative rationality; fundamental rights.
In a plural and constitutionally democratic society, marked by the coexistence of multiple forms of life, the tension between the military values of hierarchy and discipline and the fundamental rights to religious freedom and conscientious objection emerges as a normative dilemma that challenges the Rule of Law. This dissertation aims to investigate such an impasse through the lens of Jürgen Habermas’s Theory of Communicative Action, seeking to understand to what extent the foundations of communicative rationality may offer legitimate alternatives for the reinterpretation of military norms in light of fundamental rights. The field of analysis is drawn within Brazilian military institutions, where hierarchical silence often overrides dissenting voices that, grounded in deep religious convictions, claim the right not to submit to certain orders or practices. This is an investigation that begins by listening to those silenced voices—not to pit faith against uniform, but to question the limits of authority when confronted with human dignity. From this starting point, the research unfolds into a theoretical and critical analysis, traversing the foundations of communicative rationality, the mechanisms of normative reproduction within the armed forces, and the international legal frameworks that recognize conscientious objection as a human right. Rather than seeking definitive answers, this study invites the reader to follow, chapter by chapter, the path of a provocation: could the barracks—historically impermeable to dissent—also become a space for deliberation? The answer is not anticipated. It is gradually constructed, between the limits of facticity and the promises of validity, in an effort to make discourse—and not hierarchy—the true criterion of normative legitimacy.