Os impasses in(constitucionais) da educação domiciliar no Brasil: uma análise do direito fundamental à educação

Abstract

This work deals with issues related to home education in the Brazilian scenario. In this bias, to succeed this analysis, it is necessary to have discernment about education as it is a fundamental social right, with constitutional provision, the negative and positive points regarding home education in Brazil will be addressed, considering all the aspects of both sides; the impacts of the Extraordinary Appeal 888815 of the STF, since it was substantial for the subject in question, since until then there were no concrete decisions in the face of a modality of education that is increasingly expanding in the Brazilian territory, as well as its effects generated after its decision, in addition, the conflict between freedom and education according to fundamental rights present in the theme; and finally, the currently existing regulatory nuances and also legislative proposals that encompass the National Congress on the subject. The methodological device used to produce this project was the constitutional basis addressing fundamental rights, especially the right to education, so explicit in CF/88. The research was hypothetical-deductive in nature, starting from hypotheses for the refutation of ideas, already in accordance with the technical procedures the bibliographical research was adopted, which were consulted for the desired purpose articles published in periodicals, theses, dissertations and doctrines, books, Brazilian jurisprudence. In view of the above, the question arises about the possibility of legalizing family education in Brazil in view of the analysis of the fundamental right to education guaranteed by the Federal Constitution. Thus, it is concluded that it is necessary to talk about unconstitutionality about homeschooling, since it is not very accessible and does not preserve the guarantee of education equally and universally.