Educação domiciliar no Brasil: entraves e possibilidades

Abstract

The present study aims to analyze the obstacles and possibilities for the offer of home education in Brazil for children and adolescents from 04 (four) to 17 (seventeen) years old, attending compulsory basic education, in view of the judgment of Extraordinary Appeal nº 888.815/RS by the Federal Supreme Court, with recognized general repercussions. Methodologically, the research is based on comparative analysis, using the functional method. Within the scope of the fundamental right to education and based on the theories of fundamental rights and duties of JJ Gomes Canotilho and José Casalta Nabais, home education will be defined as a private type of education, which consists in fulfilling the family's fundamental duty to provide education and that, once the constitutional precepts and requirements indicated by the STF in RE nº 888.815/RS are observed, can be legalized in Brazil. A comparative analysis will be carried out between the legislation of six American states and Bill Proposal 1338/2022, currently being processed before the Federal Senate, in order to identify what is necessary and dispensable for the offer of home education in the country. Finally, three types of home education compatible with the Brazilian legal system will be suggested, as well as three basic conditions for the eventual enactment of federal legislation by the National Congress, in order to contribute to the state of discussion and stimulate new ways of thinking the problem in question.