A remuneração pública de padres na Guiana Francesa: constituição, laicidade e livre administração

Abstract

The present paper examines the case of public remuneration for priests in French Guiana, mainly in relation to the French Constitution of 1958. To do this, firstly, secularity and its normative nature are defined, then a comparative analysis is carried out between Brazilian secularity and French’s, within which the constitutionals bases of such principle are established. In continuation, a study about the French territorial administration is developed, in order to understand precisely the administrative particularities of that State, which is unitary, and its relationship with the overseas departments. Finally, the study proceeds to the analysis of the decision given by the French Constitutional Council, stating that the situation presented is in accordance with the current French constitution, thus it will be scrutinized the laws that allow such situation, which arguments were presented for their unconstitutionality and, finally, the reasons adopted by the French constitutional court for deciding the case.