The Justice Court of Santa Catarina, in Brazil, rejected on September 2 the request by lawyer Regiane Cichelero to homeschool her son. According to Aciprensa, the court ratified the obligation to enroll the minor in a regular school and upheld the imposed sanction: three minimum wages and a fine of one hundred thousand reais, equivalent to more than 18,000 US dollars.
The decision is framed within the interpretation of the Statute of the Child and Adolescent (ECA), which requires compulsory schooling. The case dates back to 2020, when, amid school closures due to the pandemic, Cichelero decided to provide home education. Despite the reopening in 2021, the mother chose to continue with homeschooling for reasons of quality and religious convictions.
Threat of custody loss and increasing sanctions
The Santa Catarina Guardianship Council visited Cichelero’s home after detecting the child’s school absence. Subsequently, the Public Prosecutor’s Office intervened, and the judge in the case warned that he could remove custody if she persisted in her decision. The justice system also determined additional fines ranging from three to twenty minimum wages, with a daily increase of 1,000 reais (approximately 184 dollars) if she did not comply with mandatory enrollment.
Regiane Cichelero announces appeal to the Supreme Court and the Inter-American Court
In statements on her social media, Regiane Cichelero confirmed that she will appeal to the Federal Supreme Court and even to the Inter-American Court of Human Rights. According to her complaint, the judges acted “ignoring legality, international human rights treaties, and the constitutionality of homeschooling,” relying solely on “personal opinions.”
ADF International denounces setback in parental rights
The lawyer’s defense is being coordinated by Alliance Defending Freedom (ADF International), an organization dedicated to defending religious freedom. Julio Pohl, legal advisor for Latin America, described the decision as “a disappointing setback for parental rights in Brazil.” He emphasized that international law “is clear in recognizing that parents have priority in choosing the type of education their children receive.”
Pohl cited the article 26.3 of the Universal Declaration of Human Rights, which recognizes the preferential right of parents to choose their children’s education, as well as the article 13 of the International Covenant on Economic, Social and Cultural Rights, which obliges States to respect the freedom of parents to choose schools and religious or moral education in accordance with their convictions.
Homeschooling in Brazil: 75 thousand families awaiting regulation
Currently, the bill PL 1338/2022, which seeks to regulate homeschooling, remains pending vote in the Brazilian Senate, after being approved in the Chamber of Deputies in 2022. According to the National Association of Home Education (ANED), around 75 thousand families practice this modality in Brazil, which amounts to about 150 thousand students receiving home education.