Autonomia privada e educação dos filhos: lacunas e dúvidas sobre a educação domiciliar no Brasil

This essay proposes to investigate the possibility of recognizing the right to opt for home education in Brazil. Although family education is a pedagogical methodology practiced by several families in Brazil and in the world, it lacks foresight in the legal order of the country. Anomie contrasts the...

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Bibliographic Details
Main Authors: Silva, Alexandre Antônio Bruno da, Studart Leitão, André, Mourão de Brito, Marcella
Format: Article
Language:Portuguese
Published: 2018
Subjects:
home education
liquid modernity
right to education
private autonomy
paternalism
educação domiciliar
modernidade líquida
direito à educação
autonomia privada
paternalismo
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7277476
Source:Espaço Jurídico: Journal of Law, ISSN 2179-7943, Vol. 19, Nº. 2, 2018 (Ejemplar dedicado a: Espaço Juridico Journal of Law [EJJL]), pags. 475-490
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Autonomia privada e educação dos filhos: lacunas e dúvidas sobre a educação domiciliar no Brasil
Summary: This essay proposes to investigate the possibility of recognizing the right to opt for home education in Brazil. Although family education is a pedagogical methodology practiced by several families in Brazil and in the world, it lacks foresight in the legal order of the country. Anomie contrasts the dynamics of the postmodern world and the need for revision or semantic opening of legal archetypes to adapt them to the new possibilities of education and training. In theoretical terms, the research gravitates around the balance between private autonomy, paternalism, and the ideal measure of state interference in social relations. It concludes by guaranteeing the right of parents to choose the model of education they consider most appropriate for their children, provided that certain mandatory guidelines that ensure freedom are respected, without neglecting the maximum protection of the child and the adolescent. For the research, the bibliographic resource was basically used, through the analysis of books, articles published in collections and journals, national and international norms, official pages and news that illustrate the importance of the theme in the Brazilian context, mainly due to the imminent judgment of the matter by the Federal Supreme Court.

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