HOMESCHOOLING AND THE RIGHT TO EDUCATIONAL AUTONOMY OF THE FAMILY: A CONFLICT BETWEEN PARENTAL FREEDOM AND THE STATE’S DUTY TO GUARANTEE EDUCATION

Abstract

This study analyzes the fundamental right to education in the Brazilian legal system and the legal implications related to homeschooling. The research adopts a qualitative approach, based on a bibliographic and documentary review of legislation, doctrine, and jurisprudence relevant to the topic, as well as a comparative analysis of international regulatory models of homeschooling. The central objective is to understand how the right to education, provided for in the 1988 Constitution of the Federative Republic of Brazil, is articulated with family autonomy and the state's duty to guarantee formal education. To this end, constitutional provisions were examined, especially articles 6, 205, and 208, as well as infra-constitutional norms, such as the Statute of the Child and Adolescent, the Law of Guidelines and Bases of National Education, and the Civil Code. Relevant judicial decisions were also analyzed, especially the judgment of Extraordinary Appeal No. 888.815/RS by the Supreme Federal Court. The results indicate that the right to education is structured around compulsory formal schooling, constituting a shared duty between the State and the family, and that the admissibility of homeschooling depends on legislative regulation compatible with constitutional principles such as the comprehensive protection of children and adolescents, equal access to education, and minimum standards of educational quality.