Revista de Pesquisa e Educação Jurídica (Dec 2015)
Homeschooling in Brazil: Constitutionality and Legality of the Bill 3179/12
Abstract
The movement of home education erupted in the United States from the 60's, influenced by progressive educators considered that led many parents choose to educate their children outside the public school system. The draft Law 3179/12, authored by Mr Diniz Lincoln Portela, proposes to add a paragraph in Article 23 of Law 9394/96 (Law Guidelines and National Base) to enable the home supply of basic education. The analysis of the constitutionality of the relevant bill is the main objective of this research. It is intended to ascertain whether such a proposal violates legislative or not the Fundamental Right to Education of children whose parents opt for home education. It is necessary to clarify the legal dimension of the right to education is limited to instruction or also includes the right of the child to go to school. Also necessary to examine the ownership of this right, ie it will be investigated whether education is considered or not a personal right of filho.O homeschoolingé the refusal of parents to the School Institution, namely the parents who choose to homeschool so act because they deny School as an institution. No negative technical-formal education of their children, since the teaching takes place within the family home. For religious, moral, concerned about the safety of their children studying in schools with high levels of violence or other reasons parents choose to offer education to their children in home.The constitutional interpretation of the Fundamental Right to Education should be extensive, systematic and compatible with the theoretical proposals presented by the Child and Adolescent. Provide technical education to the children at home is a decision taken by parents who can be seen as a way to remove the children the right to attend the school environment, where one learns and grasps not only formal education but rather the possibility to seek an ethical training, the construction of the values of tolerance, solidarity, respect for others and sociality. The 3179/12 Bill is considered legally unconstitutional because configure expressed outrage at the Fundamental Right to Education, which is unavailable, very personal and whose ownership belongs to the child, not the parents.
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