Português
Abstract
The article analyzes the tax immunity of Masonic temples as temples of any worship (art. 150, VI, "b", CF/1988), defining it as a constitutional limitation on the power to tax, an instrument of protection for freedom of belief and conscience in the secular state (art. 5, VI-VIII, CF). It examines its etymology (immunitas) and doctrine (Carrazza, Costa, Machado, Gandra Martins), emphasizing a broad and generous teleological interpretation ("in dubio pro imunitate"), in contrast to the restrictive one by the STF in rulings such as RE 417.408 (non-configuration of religious worship in Freemasonry). It contrasts broader precedents (RE 578.562/BA, RE 236.174), criticizing the disrespect for equality and the realization of fundamental rights. It advocates for the extension of immunity to Masonic temples, due to the absence of constitutional restriction on "any cult," promoting harmony between constitutional principles and prohibiting taxation that affects essential social and religious values. Concludes by emphasizing the need for extensive hermeneutics to fulfilll the original intent of the constituent, preserving democracy and human rights.