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Brazilian Federal Supreme Court denies appeal requesting recognition of the right to homeschooling

The Plenary Meeting of the Brazilian Federal Supreme Court (STF) dismissed the Extraordinary Appeal (RE) 888815, with an acknowledged general repercussion, in which the possibility of homeschooling was discussed as a legitimate means of fulfilling, by the family, the duty to provide education. According to the reasoning adopted by the majority of Justices, the request formulated in the appeal cannot be upheld, since there is no legislation that regulates precepts and rules applicable to this modality of education.

The appeal stemmed from a Writ of Mandamus filed by the parents of a girl, then 11 years old, against the act of the Secretary of Education of the Municipality of Canela (RS), who denied the request for the children to be educated at home and directed her to enroll the regular educational network, where she had previously studied. The writ of mandamus was denied both in the first instance and in the Court of Justice of Rio Grande do Sul (TJ-RS). For the Court of Rio Grande do Sul, in the absence of a legal provision for teaching in the homeschooling modality, there would be no clear and perfect right to be protected in the case.

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