HOMESCHOOLING: A PROPOSAL FOR FUTURE INCLUSION IN THE BRAZILIAN LEGAL SYSTEM

Abstract

This article approached homeschooling in Brazil. Thus, as the main point, to briefly explain the history of how it came about, which bills are being processed and also the positive impacts of homeschooling in the Brazilian Legal System, as well as understanding the limit of state power in the education of infants; demonstrating the experience of the existence and application of this teaching method that is adopted in other countries as an alternative means to those that adopt, in addition to evaluating whether the practice can harm the subjective public right to the education of children and adolescents. Therefore, we sought to identify how the context of education in Brazil emerged, to contextualize homeschooling in foreign countries with homeschooling in Brazil and to analyze the Law Projects that are being processed on the subject in the country If, taking into account that it is a innovative theme for Education, legislation and Brazilian courts, it is extremely important to understand what possible changes the inclusion of homeschooling in Brazil would imply. It was used in this work to carry out an investigation of descriptive and dissertative bibliographic analyses, based on the selection of works and presentation of arguments based on the vision of numerous authors who approach the theme of the proposal. It was possible to show that the right to education of children and adolescents, human rights, are at the center of every debate, since in CF/88, in the Civil Code, in the Penal Code, in the Statute of Children and Adolescents, in the Law of Guidelines and Bases and the Declaration of Human Rights bring Basic Education as a mandatory provision of the State, but it is also understood that those who can exercise it (parents or legal guardians who have conditions), are also guaranteeing this same right by opting for private school or make the choice of Home Education.