Moraes maintains decision that considers home education illegal in SC

Minister Alexandre de Moraes, of the Federal Supreme Court (STF), maintained the decision of the Court of Justice of Santa Catarina (TJ/SC) that considered unconstitutional provisions of a law that allowed the practice of home education, known as homeschooling.

Moraes considered that the TJ/SC decision invaded the jurisdiction of the legislation, which, according to him, falls under the exclusive jurisdiction of the Union.

Furthermore, the TJ/SC argued that state legislation disrespected the competence of the municipal Executive Branch, by introducing rules that assign new responsibilities to Public Administration bodies, resulting in increased expenses.

The governor of Santa Catarina, Jorginho Mello, contested the decision, claiming that the law does not deal with national education, but with a pedagogical method that seeks to guarantee the constitutional right to education, respecting the criteria of the Education Guidelines and Bases Law. .

However, Minister Alexandre de Moraes, when denying the appeal, said that the TJ/SC’s decision is in accordance with the STF’s jurisprudence.

Homeschooling is not considered a subjective public right of the student or their family, since this modality is not provided for in federal legislation. This interpretation was established in the judgment of an Extraordinary Appeal in which the STF established that the Constitution does not prohibit the homeschoolingas long as it is regulated by federal law.

In May 2022, the bill authorizing home education was approved in the Chamber of Deputies. The proposal is currently being processed in the Senate.