A educação domiciliar (homeschooling) no ordenamento jurídico brasileiro

Abstract

This project means to support the thesis that the so-called Homeschooling or Home Education teaching method is totally compatible with the brazilian legal system, and it brings no damage neither to the juridical order nor to those who put it to practice. Quite the contrary: it can be seen as a tribute to the most meaningful constitutional values of the Democratic Law State. Thus, the present dissertation intends to show that the criminalisation of this practice is an offense to the principles of reasonableness, proportionality, subsidiarity, injury, minimum intervention and also a violence to the common sense and to the social longings for a good education. Through data, it will be demonstrated that there has been only improvement and advance, regarding the intellectual and social life in the countries where the Homeschooling has been allowed. By a case-and-decision analysis, we will be able to see that, unfortunately, the brazilian families who have the necessary conditions to teach their children at home, and are willing to do so, can not do that without being tormented by the prosecutors, because of a misunderstanding concerning the article 246 of our Penal Code, the Law of Education Policy and Basis and the Federal Constitution itself. Finally, this monograph has the objective to bring down the myth that Homeschooling could cause mental illnesses or distress to the children with whom the practice is taken onboard, when, in fact, the true and severe psychological damages are often brought about in the school environment.