Educação Domiciliar (homeschooling) no âmbito jurídico e pedagógico brasileiro: inconstitucionalidade, ilegalidade e ineficácia

Abstract

This research aims to study the exposition and elucidation of the historical, legal and pedagogical aspects that make homeschooling an unconstitutional, illegal and ineffective practice in light of the legal and teaching reality of our country. Therefore, an exposition of the concept of teaching at home will be made, starting from its historical origins, reaching the contemporary debates about the unconstitutionality, illegality and ineffectiveness of this teaching modality. The problem is to understand which legal and pedagogical aspects make home education an inadmissible practice in our homeland reality. The general objective is to reflect and analyze the reasons why home education should be seen as a practice inconsistent with the constitutional and legal norms of our current legal system, as well as an ineffective and incapable practice to promote the full development of children and adolescents. . More specifically, the objective is: to present and analyze the brief history of home education matrices in the Middle Ages, in Brazil in the 19th century and in North American society in the 60s and 70s, evidencing from such a presentation the different reasons that led to the adoption of homeschooling in different parts of the world at different historical moments; discuss the unconstitutionality of homeschooling in the face of the current Constitution of the Federative Republic of Brazil, focusing, therefore, on the concept of (un)constitutionality and its forms of control in our justice system; describe and confront in a critical and thorough manner the votes of each of the ten ministers of the Federal Supreme Court who acted in the judgment of RE 888.815; to identify, in the current infraconstitutional laws, the inaptitude for the justification and legal basis of home education, especially in the face of the express commands that oblige enrollment and attendance at school; list and face the most diverse Bills of Law that sought, or still seek, the regulation of homeschooling in Brazil; to illustrate and describe why, even in the face of an imaginary constitutionality and legality, home education would prove to be ineffective as an educational practice that disregards relevant factors for the full social and emotional development of its recipients; The sources examined and questioned consisted of bibliographical productions referring to the subject of home education and Educational Law, in the entirety of the records of Extraordinary Appeal 888.815, brought by a family from Rio Grande do Sul that claimed to have a constitutional right to adopt home schooling and on statistical data related to the educational, socio-emotional and criminal reality of Brazilian children and adolescents. Once the research was completed, the study concluded that Home Education was not feasible in our country, considering that the right of access and permanence to school, enshrined in the Constitution of the Republic of 1988, is a historic achievement of the child and youth population in in the face of all the judgments that were and still are faced by our children and adolescents, such achievement cannot be held hostage by the mere paternalistic liberality of their legal guardians. Furthermore, any imaginary legal regulation of this practice could only take place through an amendment to the Constitution of the Republic, not being enough to regulate it through ordinary legislation, as indicated by the Supreme Court.