Court Report

Update from Brazil: Homeschooling Families Undeterred in Face of Opposition

Kevin Boden, Esq.

Attorney and Director of HSLDA International

For many in Brazil, one word sums up the homeschooling movement: imparável, or “unstoppable” in English. Despite pressure from the government, prosecutions, fines, and court orders, the homeschool community in the largest Latin American country is growing, vibrant, and committed.

“Your fight is our inspiration,” a Brazilian homeschooling leader told me, speaking to the US homeschooling community. “We move forward with no fear, with a lot of effort, for the freedom of our children.”

Homeschool freedom looked set to expand in Brazil just a few years ago. But a national election in 2022 resulted in a federal government that is hostile to homeschooling. Now we are getting disturbing reports from homeschooling families of an increase in judicial pressure against them. Here’s what happened.

Homeschooling advocates and opponents watched closely in 2018 when the Brazilian Supreme Court ruled on a case in which a homeschooling family was charged with truancy. Expectations were high, and the outlook seemed good for homeschool freedom.

The court ruled that homeschooling is constitutionally permitted, but must be regulated nationally by the legislature. This was both good and bad news, as it provided a level of legal precedent and protection for homeschooling. But it also granted the federal government regulatory power instead of the states.

In 2021, a high-ranking official in the Ministry of Education expressed a positive outlook for homeschooling. “We are much more optimistic about what we can do here, and about the future of homeschooling,” the official said. “We’ve had explosive growth. And we see that we are not alone any more. Homeschooling in Brazil is a fact. It’s not going away.”

That same year, a federal bill was introduced that would have created the national legal framework that the 2018 court decision required. The homeschooling movement was energized by the proposal.

“We are seeing great excitement from all the families in Brazil who homeschool,” Carlos Vinícius Reis, homeschooling father of three and executive director of the national homeschool organization ANED, said. The week before, ANED had bussed in more than 300 people from all over Brazil to meet with legislators. “We received a warm welcome, and we are working hard to provide them with the information they need to debate a law that gives us all the freedom we need to teach our children,” Reis said.

Kevin with Carlos Vinícius Reus and his family at the national homeschooling conference in 2023.

The outlook changed, however, when Brazil elected Luiz Inácio Lula da Silva as the new president in 2022. The homeschooling bill had advanced through one chamber of the legislature, but its progress stopped after the election, and there is little hope of more before the next election in a couple of years.

The new Brazilian government also considered implementing a national action plan to eliminate any educational freedom, including homeschooling. Any doubts one might have had regarding the ideological position of this Brazilian administration were removed when the president appointed Flávio Dino to the Supreme Court.

Dino was a member of Brazil’s Communist Party when he served as a congressman from 2007 to 2011, and then joined the Brazilian Socialist Party before he was elected to the Senate in 2022. Communists and socialists are not traditionally friends of the homeschool movement.

Since early 2024 we have been getting reports of homeschooled children being ordered to public school, parents having their bank accounts frozen, and families being intimidated by police cars parked in front of their homes. I personally know several homeschooling families throughout the country who have been prosecuted.

Brazilian homeschooling families have reason to be discouraged, but they are refusing to give up and continuing to maintain hope. One family who was prosecuted won their case on appeal. They retained custody of their children and continue to homeschool them.

Additionally, Brazilian leaders have organized three wildly successful national homeschool conferences where thousands of families have gathered in support of homeschooling, despite the legal uncertainty. There are also political leaders at the local level who support homeschooling and even host events to discuss this educational choice.

Participants of the conference in 2023

I had my first opportunity to travel to Brazil in September 2023 to support the 2nd Annual Expo Homeschooling Conference—an event that drew a few thousand families who believe in parent-directed education. That’s where I met Miguel and Helena, who describe homeschooling as a “divine grace” for their family. (Names have been changed to protect their privacy.)

They have six children and are ardent leaders of the homeschooling movement in their community, where they’ve been homeschooling without issue for more than a decade. Miguel supports local families, defends families in the judicial sphere, and advocates for the freedom of parent-directed education in local and national legislatures.

Their advocacy for families facing prosecution has been a lifeline for many, but now they are facing prosecution because of their decision to homeschool. They were reported anonymously to the local Child Protective Council (known in Brazil as the “Conselho Tutelar”)—like so many other families across the country—late last year.

Shortly thereafter, Miguel was summoned to appear at the public prosecutor’s office, where he was ordered to demonstrate “in a documentary and physical way all the evidence that the children are very well and all the educational quality of [their] homeschooling.” The family originally had less than a month to present their defense, although a brief extension was granted.

They submitted their defense, including documents regarding their homeschooling, and many families submitted letters of support to the prosecutor on their behalf. But within weeks, they were informed that the public prosecutor had not accepted their defense.

Fortunately for the family, the public prosecutor is not mandating that the parents enroll their children in public school (for now), but they and their six kids face an uncertain future.

Kevin speaks at the national homeschooling conference in 2024

At the convention I attended in Brazil last year, I bought a t-shirt emblazoned with the slogan “Imparável” from a lovely family in the exhibit hall. Though life is challenging and the future of homeschool freedom in Brazil is uncertain, Miguel reminded me of a quote attributed to St. Ignatius, which captures the heart of the community: “Pray as if everything depends on God. Work as if everything depends on you.”

Kevin Boden, Esq.

Attorney and Director of HSLDA International

Kevin is a graduate of Wheaton College (IL) and received his J.D. from Seattle University. He and his wife, Wendi, became homeschooling parents in 2008, when their oldest child was in first grade, and have continued to educate all their children at home ever since.