Ensino domiciliar no Brasil: uma análise da possibilidade de implementação do homeschooling no ordenamento jurídico brasileiro

Abstract

This work deals with the possibility of regulating home education in Brazilian legal system. The objective of the work is to analyze whether the implementation of the home teaching violates the Federal Constitution of 1988 and other infraconstitutional laws, especially the Child and Adolescent Statute. To this end, research was used bibliographical, based primarily on legislation and possible judgments regarding the theme, as well as articles and books related to the subject. As for the method, the deductive and as a method of procedure, the monograph. Initially, we sought to understand the history of the right to education until it became a fundamental right in the 1988 Constitution.Subsequently, the concepts of home teaching were discussed, as well as the current position of the Judiciary and Legislature on the topic, highlighting some specificities of the judgment of Extraordinary Appeal nº 888.815/RS and the Bill 3179/12. Finally, the possible damages and unconstitutionalities of the regulation of home education in Brazil, considering the Doctrine of Integral Protection, the principle of the best interests of children and adolescents and the understanding of teaching home in the light of neoconstitutionalism. Therefore, it was found that teaching home prevents children and adolescents from having access to education in their broad, as this teaching modality limits the development of skills such as tolerance to diversity, group work and, above all, awareness of their citizenship and the Democratic Rule of Law. Furthermore, the rates of school dropout in Brazil, so that home education would act as a factor catalyst for this condition in Brazilian education, since cases of school dropout could easily be masked as homeschooling. It was also noticed that the school offers protection to the integrity of children and adolescents, as it is a place where the student has contact with people beyond their family circle, so that students have the possibility of calling the competent bodies if they notice signs of mistreatment in students. Furthermore, the ECA provides for the Integral Protection Doctrine which, in line with the principle of the best interests of children and adolescents, advocates that they have access priority to education and, especially, have access to education in its full sense. Therefore, it is evident that it is impossible to regulate home education in the legal system. Brazilian legal system, as this educational format violates the Federal Constitution of 1988, as well as as well as the Child and Adolescent Statute.