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2017 was a crucial year for defining the place and model of religious education to be taught in public schools in both Brazil and Argentina. With a difference of less than three months between one decision and the next, the Supreme Courts of these countries dealt with the constitutionality of the rules that guaranteed the provision and teaching of this subject in state establishments. In this article, we will analyze the justifications presented by the courts to support their decisions, investigating in these contexts how legal common sense shapes, defines and establishes the limits of the religious and the non-religious. In other words, rather than evaluating the merits and legitimacy of the implementation of religious education in public schools, our aim is to make visible the narratives and discourses through which the members of the Supreme Federal Courts of the two countries under analysis give materiality to what they understand by (non) religion.
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Montero et al. (2024) studied this question.
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