The young republic had ahead of itself the difficult task to transform the rude natures of blacks, mulatos and indians (and immigrants) in one alone civil society, which if would over all base on the production of passveis citizens to be submitted to the normatividade of the laws and on the morality of the religion (Christian). It was treated then to absorb and to reinterpretar the available antropolgico knowledge to discern the more clearly possible those that could be objects of the legal normatividade: wizards, healers, quacks, explorers of the public credulidade or simple victims. (...) such classificatrio exercise widely was undertaken by the Brazilian jurisprudence, that, assisted for the police authorities, investigated the public and private spaces so that the habits of the population were known, classified and disciplined or tipificados criminalmente.' ' ix Encontramos in Brazil the prerogative of laity of the limited State the separation of the civil acts, of the religious acts (baptism, marriage, burial, education, health etc.), however, the fight between laicizao and secularizao of the State is permanent as we will be able to observe in the interventions of the Church Catholic through the institutionalization of religious education, in the indissolubilidade of the marriage and more recently in the fight against the abortion and the civil union between homosexuals. The contradiction of the laity of the Brazilian State can be noticed soon in the preamble of the Federal Constitution and in the state constitutions when expressing the invocation of protection of God and that it is justified and same Supreme Federal Court was judged by the STF, as something sedimented in the culture, substance of long date pacified in the jurisprudence and the constitutional doctrine Brazilian. We will specifically find the fight against the laity of the Brazilian State in the controversy of education religious. ' ' Of beginning, the first republican Constitution forbade education in the public schools, as well as any subvention of confessional educational establishments, However, in the constitutions that if had followed (1934, 1937, 1946 and 1967), had a trend to the attenuation of the state laity, transferring itself to admit certain contributions to it between the confessional State and educational justinian codes, with possibility of filantropia recognition and concession of scholarships.