Brazil

Restricted Draft — awaiting legal review

In short

Homeschooling has no specific law authorizing it, and school enrollment is mandatory in Brazil.

In Brazil, homeschooling is not currently permitted: there is no specific law authorizing it, and legislation requires enrollment in basic education starting at age 4. The STF decided in 2018 that there is no subjective public right to homeschooling, which does not exist in Brazilian legislation. PL 1.338/2022, under consideration in the Senate, seeks to amend the LDB and the ECA to allow home-based provision of basic education.

Frequently asked questions

Is homeschooling allowed in Brazil?

Currently there is no specific law authorizing homeschooling. The STF decided in 2018 that there is no subjective public right to homeschooling, which does not exist in Brazilian legislation, and legislation requires enrollment in basic education starting at age 4.

What does the Constitution say about education?

The Constitution states that education is a right of all and a duty of the State and the family (art. 205) and that teaching must follow principles such as equality of access and permanence, freedom to learn and teach, and pluralism of ideas (art. 206). The State's duty includes mandatory and free basic education from ages 4 to 17 (art. 208, I).

Key points

how_to_regMandatory enrollment

The LDB determines that parents or guardians must enroll children in basic education starting at age 4 (art. 6). The ECA establishes the obligation to enroll children or wards in the regular school system (art. 55). The Constitution guarantees mandatory and free basic education from ages 4 to 17 (art. 208, I).

LDB art. 6, ECA art. 55, CF art. 208

account_balanceConstitution

The Constitution establishes that education is a right of all and a duty of the State and the family, with the collaboration of society (art. 205). Teaching must follow principles such as equality of access and permanence, freedom to learn and teach, and pluralism of ideas (art. 206). It is the duty of the family, society, and the State to ensure, with absolute priority, the right to education for children and adolescents (art. 227), and parents have the duty to assist, raise, and educate their minor children (art. 229).

CF art. 205, CF art. 206, CF art. 227, CF art. 229

Informational content built from official sources and news reports; it is not legal advice. Laws change: consult a lawyer before deciding.