Direito público subjetivo e o direito fundamental à educação: as (im)possibilidades do homeschooling

Abstract

This study aims to analyze the constitutionalization of homeschooling (home education) in light of the decision of the Supreme Court, through the judgment of the Extraordinary Appeal (RE) No. 888.815/2015, of Rio Grande do Sul, an opportunity by which the Corte Maior dismissed the appeal and established the following thesis (Topic No. 822): "There is no subjective public right of the student or their family to home education, non-existent in Brazilian legislation". In this sense, we sought to analyze the concept of subjective public law (to education) and, if the lack of home education could become an impediment to homeschooling permissibility for children and teenagers with disabilities and those who are roaming. For this, at first, it was necessary make clear the importance of the fundamental right to education, preliminarily provided for in art. 6, of the Federal Constitution of 1988, the solidarity existing between the Family and the State in realization of this right and, also, that marginalized groups, like the groups above that were worked on, they constantly suffer violations of this fundamental right, as it is strictly necessary to promote inclusive public policies by the State. Thus the analysis of the votes of the STF Ministers, Luís Robe to Barroso and Alexandre de Moraes, Rapporteur and Editor of the Acórdão, respectively, since they had divergences about the self-applicability of home education. Afterwards, the study of the subjective public law and its relationship with the autonomy of the will in the light of the votes of the Ministers mentioned above to, at the end, address the relationship of subjective public law to the home teaching and, with that, about the possibility of permissibility of this teaching method to people with disabilities and itinerant people without this being able to violate the principle of equality and the promotion of inclusive public policies