De Canela a Brasília: nas vozes de um processo, a Educação Domiciliar chegou à Suprema Corte brasileira

Abstract

The research has as object of study Home Education as it appears in the records of the extraordinary appeal RE 888.815, of the Supreme Federal Court, a paradigm process in Brazil of the judicial debate between the mandatory enrollment and school attendance and the right to freedom of choice, by the family, of the type of education appropriate to their children. The problem is to understand how the different segments involved (voices) in the RE 888.815 process, from the Supreme Federal Court, see the possibilities and difficulties of home education becoming legalized in Brazil. The thesis is that, in spite of the fact that there are still some practical gaps to be systematized, as well as the persistent existence of a dispute for educational control, the viability of home schooling does not hurt democratic and republican principles, whereas On the contrary, based on the principle of freedom, it can expand or reframe the concept of citizenship. The general objective is to analyze the voices of social representatives involved in the dispute between the State and the Family for the monopoly of education that culminated in the RE 888.815 paradigm process. More specifically, the objective is to: identify, in the history of Brazilian education, echoes of the 19th century practice of education "at home" in 21st century institutions; list the representatives of the social segments who were the voice of RE 888.815; specify the conceptual and theoretical parameters that served to support the categories of analysis of the voices present in the source process; confront the voices of intellectuals with the school paradigm and with the Home Education imaginary, in order to identify how the categories of analysis are manifested in the production of knowledge carried out by them; infer, from the voices of intellectuals, the basis for understanding an education "at home" and at school; describe the Home Education carried out by Valentina's family based on the information brought to the process; highlight the characteristics and motivations of a family that chose to educate their children without sending them to school; list the arguments described in the process used for the family to claim the right to home education; identify the role of ANED in supporting educational families and from its performance in RE 888,815; to deduce the arguments of the State and the Family that lead these institutions to a dispute between school obligation and freedom of teaching in case RE 888.815; describe the procedural steps of the judicial demand proposed by Valentina that led the STF to discuss the issue of Home Education under the legal aspect; and describe the position of the STF ministers regarding their private vote in RE 888,815. Two hypotheses support the thesis and stem from these specific objectives. The first is that there is a dispute between the mandatory school attendance required by the State and the freedom of families to choose the type of education. The second is that the segments involved in this dispute have divergent positions regarding the possibilities and difficulties for home education to be legalized in Brazil. The concepts that support the thesis are that of republican ideals and citizenship, extracted from José Murilo de Carvalho, that of freedom, anchored in Stuart Mill and that of democracy, based on José Afonso da Silva. The sources questioned consisted of the complete case file of the RE 888.815 process filed by Valentina in the face of the education department of Canela / RS, the bibliographical productions related to the theme and interviews with Valentina's family. A case study was carried out with descriptive analysis of the voices of the social segments active in the judicial process, correlating them to the categories indicated to support the thesis. Once the hypotheses were confirmed, the study concluded that the practice of Home Education is feasible without offending the republican project, democratic principles, freedom and citizenship, provided that it is aware of the requirement contained in the decision of the Federal Supreme Court in the judgment of RE 888.815, which consists of in the legal regulation of this which is one of the alternatives for the fulfillment of the constitutional duty / right of education.