Ensino domiciliar no Brasil: caminhos de regulamentação.

Abstract

This work aims to support the thesis that the teaching method called Homeschooling or Home Education is compatible with the Brazilian legal system, not bringing any harm to the legal system or to the individuals who practice it. On the contrary, the most important constitutional values of the Democratic State of Law are reaffirmed. It is evident that criminalizing the practice is an offense to the principles of reasonableness, proportionality, subsidiarity, harmfulness and minimal intervention, as well as an affront to common sense and social aspirations for quality education. Existing Bills and the reasons why they were not approved by the constitution and justice commissions were highlighted. Also, the reality of homeschooling in other countries was discussed. It was also evident that Brazilian families that insist on teaching in the domestic environment cannot do so without the manifestation of the Public Ministry, due to the interpretation of article 246 of the Penal Code, of the Law of Guidelines and Bases of Education, of the Statute of Children and Adolescents and the Federal Constitution itself. Finally, this study showed that homeschooling can be an alternative to school education, as long as there are legal regulations governing the matter. Keywords: Homeschooling. Home Education. Legal Order. Compatible.