Homeschooling : Uma Análise à luz da constituição cidadã de 1988.

Abstract

The present monography has the general objective of analyzing whether homeschooling in Brazil is in accordance with constitutional norms, considering the objectives of the fundamental right to education, as well as its regulation to be inserted in the legal system. With regard to specific objectives, the monograph proposes to carry out a historical survey of the constitutional right to education; analyze homeschooling, its historical context, concepts and classifications to understand what it represents; as well as evaluating homeschooling in the light of the Brazilian Legal System, establishing a connection with comparative law. In order to achieve these objectives, the methodology is used by the deductive method, going through the technique of bibliographical and documental research, characterized in terms of the general objective as descriptive and exploratory, with a qualitative approach, and through the procedures: historical, comparative and analytical- descriptive. It was considered that the primary objective of the right to education, recognized by the Federal Constitution and other Brazilian legislation as a social right, is to guarantee the full development of the student, his preparation for the exercise of citizenship and his preparation for the job market. Homeschooling is understood as the exercise of the right of freedom of parents to decide the type of education of their children. On the other hand, arguments against the homeschooling option include the harmful effects of lack of socialization in this teaching modality, reclusion in childhood and adolescence, omission of violence and increase in inequalities and intolerance of different beliefs and opinions. With the exception of Ecuador, all South American countries do not allow homeschooling because the adoption of different modalities of education that go against the objectives outlined in their respective Constitutions would amplify existing social problems. According to the Brazilian legal system and the implications highlighted in this research regarding homeschooling, it is important to highlight some potential difficulties if homeschooling is regularized in Brazil. Such a discussion raises concerns not only about the content to be delivered, but also about who is intended to benefit from it. A crucial obstacle to its regulation is the recognition that the option of practicing homeschooling is not available to everyone, being limited to a certain portion of the population that has the financial conditions and time to do so, revealing its exceptional character, representing one more factor of exclusion and social jettisoning.