O ensino domiciliar no Brasil: entre o direito fundamental à educação e o abandono intelectual.

Abstract

Education in our country is a fundamental right guaranteed by the Constitution and the duty of the State and the family. But what to do when the children do not find jobs? Or the school refuses to enroll the child for health problems? In these exceptional cases the Brazilian law permits homeschooling. However, the practice of this system of education responsible for freely for ideological reasons, cultural, or for fear of insecurity finds no clear support in the Brazilian. There are cases of families in Brazil that those responsible for deciding to keep their children out of school need regular recourse to judiciary in order to ensure the right to education and are not sanctioned civil and criminal, on the choice made by homeschooling. The practice of homeschooling, Homeschooling internationally known, is accepted in Brazil? Its realization fits the crime of intellectual abandonment? This study aims to analyze the possibilities in the existing regulatory system to perform the practice of homeschooling as an alternative to state. Evaluate that education as a fundamental right can be realized in homeschooling without charge ensejarem crime of intellectual abandonment, ensuring the right to education to the children and away the mandatory enrollment in educational institutions towards the officials who freely opt for homeschooling responsible. Therefore, we used the direct research documentary character, being the source object bibliogrático and jurisprudential. The method of procedure is the historical and comparative research and deductive. Therefore, it is essential to make a brief historical analysis about the aspects that consolidated the educational process in the molds and analyze the current Brazilian legislation culminating in legislative proposals to change the framework in which it operates education in Brazil.