O DIREITO À EDUCAÇÃODOMICILIAR E OS NOVOS DESAFIOS AO SUPREMO TRIBUNAL FEDERAL: RECURSO EXTRAORDINÁRIO 888.815/RS, LACUNA LEGISLATIVA EDIREITO COMPARADO

Abstract

This article aims to analyze the legal situation of homeschooling in Brazil, given that there is no specific law about that, which led many Brazilian families to the Judiciary for the end of the right to remove children From school and teaching in home. The growth in the number of families choosing this type of education has as its main cause - but not a single one - the success of education, which is demonstrated by statistical data. Other reported causes are increased of violence and religious and moral issues. After the study of the current reality of Brazilian education, the objective of the work is Extraordinary Appeal (RE) 888815, in which a general repercussion was recognized. In the mentioned appeal, it is discussed the teaching of the domicile can be prohibited by the State, or by means of a diploma of compliance, by a family, of an article of law or of an article of 205 of the Federal Constitution. To do so, in addition to the constitutional question, it will be discussed in order to share the problem of integrating, with the study of American legal reality, the country that has more than two million homeschoolers.