Homeschooling e o direito à educação: as tutelas civil e penal da responsabilidade parental

Abstract

This article aims to analyze homeschooling, from a view of the right to education. For this purpose, a methodological trail will explore the parental responsibility, in its civil and criminal aspects. This is a current topic in discussions about children rights, whose general repercussion has already been acknowledged by the Brazilian Supreme Court (STF). It is relevant to establish a dialogue between civil and criminal law, once parental authority should be exercised to guarantee the right to education and there are civil and criminal repercussions in case of noncompliance of the obligations. As a consequence of this multiple forms of sanctions, the legal protection of this fundamental right occurs in a miscellaneous and dissonant way, which doesn't cooperate for an adequate and systemic defense of the right to education. In this way, it is intended to establish in this work some of the various challenges (and possible answers to that) of protecting the right to education, having as background the parental responsibility from the phenomenon of homeschooling.