"Autonomia da família” e direito à educação: o ensino domiciliar sob o prisma da Constituição de 1988, da Lei 8.069/1990 e da Lei 9.394/1996

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Universidade Federal de Goiás


The proposal to regulate Home Education in Brazil, one of the priorities of the current government, has been systematically debated through the bill of Law 2.401/2019. In this work, the justifications in the defense of the implementation of Home Education are analyzed, based on the exercise of family power and the autonomy of the family, and whether they are consistent with the fundamental right to Education, provided for in the Federal Constitution and the Law of Guidelines and Bases of Education. To this end, the discussions were based on the Bills on the subject as well as on the Federal Constitution of 1988, law 9.394/1996 (Law of Guidelines and Bases of Education) and Law 8069/1990 (Statute of Children and Adolescents). Based on keywords adopted by the bill and other constitutional and legal provisions, relevant to freedom of learning and exposure of thought, the right to education, protection and rights of children and adolescents have been set up frameworks of concepts. At the same time, to understand the ideas and values that actually underlie the proposal of Home Education conceptual frameworks are also drawn up and the interconnection and interaction of such concepts with others present in documents defending a "neutral" teaching model invoking reasons similar to those that give basis for Home Education, more specifically those arranged by the School Without Party Movement, Pro-Society MP Movement and Association Of Conservative Lawyers of Brazil. Also, in view of the expressions adopted by these subjects in the justifications they used, either in documents or in virtual seminar promoted in the Federal Chamber, for the defense of this teaching method, were organized figures and reflections on family autonomy, the Right to Education and Education as a way of psychosocial construction of citizens, as well as the urgent decision of the Supreme Court on pedagogical freedom and decisions of the same court on the unconstitutionality of laws regulating the "School Without Party" in the State of Alagoas, expanding knowledge about these theoretical categories. Because it is a theme that required a synchronic research, that is, that considers facts that happen throughout the investigation process, the Home Education Law approved by the Legislative Chamber of the Federal District on November 10, 2020 is covered by way of illustration. To official or officially issued documents by organizations, also studied newspaper articles in which the subjects defended and/or analyzed the proposal of Home Education as a source of data for the analysis and elaboration and conceptual and comparison frameworks. At the end, it is concluded by the unconstitutionality of the arguments raised for the approval of Home Education, since rights such as education, freedom, culture, dignity, respect and community coexistence of children and adolescents will be violated.



Ensino domiciliar, Direito à educação, LDB, ECA, Autonomia familiar, Home education, Right to education, LDB, ECA, Family autonomy


SOARES, Karyne Paula Dias Ferreira. “Autonomia da família” e direito à educação: o ensino domiciliar sob o prisma da Constituição de 1988, da Lei 8.069/1990 e da Lei 9.394/1996. 2020. 55 f. Trabalho de Conclusão de Curso (Graduação) – Unidade Acadêmica de Ciências Sociais Aplicadas, Universidade Federal de Goiás, Cidade de Goiás, 2020.