O reconhecimento do ensino domiciliar no brasil como efetivação do direito à educação

Abstract

This monograph deals with the regulation of home teaching in Brazil, its legal and social possibilities. It begins with the analysis of the constitutional provisions that underlie the issue and the pertinent infraconstitutional legislation, such as the Law of Guidelines and Bases of Education. The discussion, in this first moment, focuses on the constitutionally defined role of the family, as the fundamental nucleus of society, the concomitant duties of the family and the State on the provision of education, and the limits between state duties to provide universal education and respect the family autonomy in choosing the educational methods to be adopted for their children. The conception of the alternative educational method of home teaching is made, with brief considerations about how the formal school institution became hegemonic, suppressing other educational forms. It presents the experience of other countries with the regulation of practice and its results, such as the reality of home teaching in the United States, where the modality is widely diffused and accepted. The most frequent objections and challenges that openness to alternative teaching methods will face will also be addressed at the end of the second chapter. Finally, it is intended to analyze the entire legislative process of the issue, through the regulatory initiatives filed and those currently under discussion, Laws Nos. 3179/12 and 3261/15. Judicial clashes involving families who have withdrawn their children from school are now being dealt with, in particular the 7407 / DF warrant and the extraordinary appeal No. 888.815, which awaits judgment in the Supreme Court. It tries to demonstrate the new reality of some Brazilian families and their perspectives in Brazil, highlighting the performance of the National Association of Home Teaching.