Jewish Center for Religious Education v. The Union

Suspension of Provisionary Order No. 389 (2009)

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Jewish Center for Religious Education v. The Union

Brazil Supreme Court
Suspension of Provisionary Order No. 389 (2009)

Facts

Brazilian high school students completed the ENEM, an annual national exam used by most universities for admissions to undergraduate courses. The federal Ministry of Education scheduled the ENEM over the course of one day, and students had to be physically present to complete the ENEM. The Jewish Center for Religious Education and 23 high school students (plaintiffs) filled a petition in the Federal Court of the 3rd Region seeking an alternate date for the ENEM to accommodate students celebrating Jewish holidays. The Brazil Third Region Federal Court entered an order requiring the government to schedule an alternate date for the ENEM, finding that the alternate date protected the students’ fundamental right to freedom of religion protected by the Brazilian government. The federal government (defendant) appealed to the Brazil Supreme Court, asking the Supreme Court to suspend the order.

Rule of Law

Issue

Holding and Reasoning (Gilmar Mendes, J.)

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