HSLDA has long-supported the fight for homeschool freedom in Brazil, and we continue to stand shoulder to shoulder with advocates in the country. In 2016, the Global Home Education Conference was hosted in Rio de Janeiro, when the Rio Principles were formally declared for the first time. And HSLDA submitted an amicus brief with the Brazilian Supreme Court in 2017.

In recent months, the homeschool freedom movement in Brazil entered a significant new phase. I received several reports in March from families and leaders in Brazil about an increase in judicial pressure against homeschooling families.

While the pressure is not new, it does appear that the frequency and intensity may be increasing. We have reports of children being ordered to public school, parents having their bank accounts frozen, and families being intimidated with police cars parked in front of their homes.

Years ago, a mom in Brazil removed her children from public school for many of the same reasons families do so today. Her daughter did not feel well going to school, and she would come home crying about the teacher, and asking if she could stay home the next day.

When her mom made the bold decision to keep her home, the state responded by prosecuting the family for failure to enroll her child in public school. Over the course of months, an assessment was completed, including a psychological assessment.

The assessment was positive for the family, stating that “…at the time of the visit, the team noted that there was no situation of neglect, but rather the mother was taking care of her children which did not interfere with their socialization or learning.”

Sadly, despite this report, the parents ultimately lost the case, and the judge ordered the children to be removed from the home and the family to be fined.

Fortunately, through connections with the homeschooling community, the family was able to get a more knowledgeable and experienced lawyer. Their attorney appealed the decision of the lower court, arguing several points:

  • The children have a right to be educated within their family.
  • There is no evidence that the minor children are at risk.
  • The mother is committed to the children’s education.
  • The children are very well developed and have good communication skills.
  • The homeschool teaching method allows for flexibility in the education.
  • There is not socialization deficiency in the children.

On appeal, the court partially suspended the decision of the lower court and held that the children can stay at home with their parents. The court ordered a new hearing, with the goal of reaching an agreement with the parents and considering all the factors at issue in the case.

Homeschool freedom pioneers may recall similar arguments being litigated and debated as parents in the US fought for the right to educate their children at home. Just as in those early days of the US homeschool movement, Brazilian parents are defending their ability to teach their children, defending against arguments that their children are not socialized, and battling a government system which presumes that education is the job of the professional class, not of parents.

Like the parents in the US, parents in Brazil are taking a bold stand for their fundamental rights as parents to be primary in the nurture, education, and upbringing of their children. HSLDA is honored to stand alongside them.