Brazilian Supreme Court Outlaws Homeschooling

Court voted that the Congress needs to regulate this type of schooling before it can be allowed

Reynaldo Turollo Jr. Natália Cancian

The Brazilian Supreme Court ruled on Wednesday (12th) that homeschooling can't be considered a lawful means for parents to provide education to their children, because currently there is no law in Brazil regulating the practice. 

Only the reviewer, Justice Luís Roberto Barroso, voted for legalizing homeschooling, as long as under certain conditions, which he volunteered to establish until the Congress formulates a bill on the subject.

According to justices Luiz Fux and Ricardo Lewandowski, homeschooling would be unconstitutional even if it were already regimented.

Empty classroom in a school in the city of São Paulo - Eduardo Knapp/Folhapress

The discussion originated from a lawsuit from a couple that wanted to homeschool their daughter against the town of Canela (RS), where they lived. The family sued the municipal government because it denied their request for the girl, at the time 11 years old, to have classes in her home.

Appellate courts ruled against homeschooling, which made the couple to appeal to the Supreme Court in 2015. The court acknowledged that the appeal's decision would have repercussions all over the country since the decision would set a precedent for other lawsuits in Brazil.

Justice Barroso ordered all lawsuits about homeschooling to be suspended since November 2016, pending the Supreme Court decision. The suspension will now be lifted, but the lawsuits' outcomes now should now rule against parents.

Translated by NATASHA MADOV

Read the article in the original language