A committed homeschooling mother and father have been criminally convicted in Brazil and sentenced to 50 days in prison. Their crime? Intellectual neglect because of their decision to homeschool.
The fight for homeschool freedom in Brazil has been long. It’s been fraught with setbacks, legal uncertainty, extreme pressure on families, and now, sadly, criminal convictions with jail sentences.
Despite this, it’s also a story of hope, of perseverance, and of courageous families who stick to their convictions and refuse to give up even in the face of adversity. Homeschooling should not be a controversial issue anywhere in the world, much less in a large democracy like Brazil where it is estimated that over 80,000 children are homeschooled.
This family presented thousands of pages of supporting documents, the mother has degrees in pedagogy and mathematics, and the reports of the children’s progress show them to be performing above average. Even the state child welfare counselor who assisted the family corroborated the account that the children are performing well.
The family’s lawyer, Isabelle Monteiro, told me “[the case] was a completely ideological ruling, from a judge who self-identifies online as an LGBT activist.” The judge even cites to German jurisprudence—a county where homeschooling is effectively banned—to justify the imprisonment.
Carlos Vinicius Rei, president of the National Association of Home Educators (ANED), is a friend and long-time homeschool advocate in Brazil. He characterized the judge’s decision as at odds with the nation’s legacy of tolerating home education.
“Homeschooling is a well-established fact that has always been practiced in Brazil," he said. "No father or mother should be constrained in the exercise of this natural right."
The family has appealed to the Sau Paulo Court and are hopeful for a favorable ruling in the months ahead.
The case has put homeschooling and the rights of parents in the national spotlight, with many denouncing the judgment and criminalization of these parents. Several engagements were held in Brasilia and homeschool advocates have had occasion to speak about this case and homeschooling broadly in the Chamber of Deputies and the Federal Senate. Even a homeschooled child was given the chance to share her testimony before elected officials.
HSLDA has long supported homeschooling in Brazil. We have spoken at the national homeschool conference, consulted with organizations to increase their capacity for legal defense, and remain in regular contact with many leaders and advocates.
Our prayer remains that families would be free to choose to exercise their God-given and natural right to teach their children at home free from burdensome and unnecessary regulation.
Together, we remain hopeful that this case will change the national conversation around homeschooling in Brazil and lead to a greater respect for fundamental freedoms and the right of parents to teach their children at home.