GALDINO, J. F. E.; http://lattes.cnpq.br/0064912280806228; GALDINO, José Felipe Estrela.
Resumen:
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.
