Homeschooling

Not that you're likely, as a foreigner, to be prosecuted for it, but yes the law applies to everyone with minor children of school age. The law requires that children attend school (i.e. traditional classroom instruction in either the public school system or private schools)

You must send your children to school or risk running afoul of the Conselho Tutelar in the city where you reside. There is absolutely nothing however to prevent you from augmenting that education with homeschooling. So if you're thinking of homeschooling in place of traditional studies NO don't do it. If you're thinking "BOTH... AND", then it's fine.

Cheers,
William James Woodward - Brazil & Canada Expert, Expat-blog Team

Yes, you are required by law to register your kids at a school and you can get a hefty fine if you don't, you might even go between 15 days and a month to jail.

Lei Diretrizes Basicos

“Art. 5º  O acesso à educação básica obrigatória é direito público subjetivo, podendo qualquer cidadão, grupo de cidadãos, associação comunitária, organização sindical, entidade de classe ou outra legalmente constituída e, ainda, o Ministério Público, acionar o poder público para exigi-lo.

§ 1o  O poder público, na esfera de sua competência federativa, deverá:

I - recensear anualmente as crianças e adolescentes em idade escolar, bem como os jovens e adultos que não concluíram a educação básica;

....................................................................................” (NR)

“Art. 6º  É dever dos pais ou responsáveis efetuar a matrícula das crianças na educação básica a partir dos 4 (quatro) anos de idade.” (NR)

Estatuto Criança e Adolecente

Art. 249. Descumprir, dolosa ou culposamente, os deveres inerentes ao pátrio poder poder familiar ou decorrente de tutela ou guarda, bem assim determinação da autoridade judiciária ou Conselho Tutelar: (Expressão substituída pela Lei nº 12.010, de 2009)   Vigência

Pena - multa de três a vinte salários de referência, aplicando-se o dobro em caso de reincidência.

Codigo Penal
Art. 246 - Deixar, sem justa causa, de prover à instrução primária de filho em idade escolar:

Pena - detenção, de quinze dias a um mês, ou multa.

I agree with William. Both is fine.

It doesn't matter if you're here as Americans and/or on a missionary visa.

Hi Melody,

You may also want to read the replies on the subject of homeschooling which have been posted previously on the Brazil Forum:

https://www.expat.com/forum/viewtopic.php?id=105145

While the legality has certainly not changed, you might find some of the opinions and ways others have dealt with the situation or their insights quite helpful.

Cheers,
William James Woodward - Brazil & Canada Expert, Expat-blog Team

Why, why would you think the law applies to everyone but "Americans?" Gotta shake that perspective if you are going to get a handle on living abroad...

There are many positive socializing reasons children do well to be enrolled in a school in the community. That would seem to go double for those seeking to learn a new language and to find new friends.

Good luck to you and your family.

Hello jimeluiz,

If you have read the postings to the other link for this same topic you would see that nobody is suggesting that the law does not apply to Americans or any other foreigners for that matter. Quite to the contrary, it does.

The only thing that was said was that it would probably not be enforced with the same vigor as it would be on a Brazilian national. In practice this is true, it isn't.

That said, my advice has always been and will continue to be to enroll one's children in the school system as is required by law and if they so desire they can homeschool their children in addition to their formal schooling. This is perfectly legal and certainly gives them a better education.

Clearly traditional schooling carries many advantages, especially in terms of socializing children. However, given the state of the public school system here in Brazil and the fact that students get about half of the hours of schooling that their counterparts in most other countries receive homeschooling is quite advantageous.

I'm not a big fan of homeschooling, since I'm a career educator myself, but it does have its good points. It is very common in other countries. The fact that it has not gained popularity here in Brazil doesn't mean that there is anything inherantly wrong with it.

Cheers,
William James Woodward - Brazil & Canada Expert, Expat-blog Team

Hello jimeluiz

I don't actually think the law "applies to everyone but Americans".   With that said, I asked my  question in that manner because that's what I had been told.  In truth, I posted this question because I didn't believe it.
Thanks for your help,
Melody

wjwoodward,

Much thanks for your help.

Melody

Wjwoodward,

I apologize in advance . . .  I did not read your entire reply.  But as to your last paragraph, I simply googled, "homeschool groups in Brazil," and went through a long list of links that came up.  Most were completely useless, but this forum came up with the original post from Melody questioning if she could homeschool in Belo Horizonte.  That is how I ended up here, so indeed it was coincidental.  I read through everything a month ago, along with the information on current law enforcement by the Brazilian legislature on homeschooling (which is practically nill), and also the articles about the small but growing movement of homeschooling in Brazil.

Today, I was toying again with the idea of homeschooling at our next post (hopefully Sao Paulo, Recife, Brasilia, Rio de Janeiro, or Porto Alegre).  Once again, I googled, and I read some of the postings again, and I finally felt urged to join simply to respond.  Who knows, this may prove a useful tool for our family as we move often.

Lastly, I did live and study in Sao Paulo in high school, and then return again after college and worked a year as a trade consultant in Belo Horizonte.  I haven't been back to Brazil for the last 12 years, and only have an idea of the situation based on weekly phone calls to my family there.  I also have met families here in Manila that have just moved from their 2 year assignments in Brazil, one from Brasilia, one from Recife, and one from Rio de Janeiro.  Because of our desire to go to Brazil while the children are young, and my grandmothers are alive, I pick their brains about everything from education options to traffic.

Anyway, incase you are wondering, I only felt compelled to respond, because I felt that Melody was being bombarded by people that were clearly opposed to homeschooling and using fear to force her into a decision.  I only say that, because I read ALL the current news on homeschooling, and what I read on this forum didn't concur.  The information on here may have been relevant 10 years ago, but not in light of what is going on.

I'll read the rest of your post another time and see if you had anymore questions.
thank you,
M. Rogers

Hello movestoomuch,

Much to the contrary, nobody here is bombarding or chastising Melody for her posting or her desire to homeschool her child(ren).

I myself have been an educator for the past 26 years and I'm painfully aware of the woeful state of education in this country. I also believe that homeschooling has just as many success stories, even in developed nations as do their superior public education systems. Clearly homeschooling here in Brazil would be light-years better than the public school system. That said, the law here simply does not permit it, and the law of the land must be obeyed until it is struck down.

Do I believe this is right or even just... clearly it is not, but it is the unpleasant reality we all must deal with. What I will say is that I have always counselled everyone to not take the considerable risks involved in homeschooling in Brazil as an ALTERNATIVE to the conventional public school system. The laws here DO NOT and CAN NOT prohibit homeschooling in addition to what is laughably called education in this country. So the safest way to go about things here, if you're not prepared to (and most foreigners can't participate in the process) change the laws; then enroll your kids in school and homeschool them outside their classroom hours as an adjunct to their education. That does not break any laws and carries no risks whatever.

I've learned from 13 years of experience in this country that here, the only way you can beat the system is to beat them by playing their own game and following their own rules. It's a lot tougher yes, but it makes the victory that much sweeter. One can't just go around saying, it's wrong, I don't like it, so let's just ignore or break the law. That is one thing that gets Brazilians thrown into jails and foreigners deported for violating Decreto/Lei 6.518.

I am NOT opposed to homeschooling, I am firmly opposed to breaking the laws or even suggesting to others that they do so. This is simply irresponsible and dangerous.

Regarding your impression that the information given on this posting is somehow outdated and may have applied 10 years ago; have you read the cited laws in the above postings? The Estatuto de Criança e Adolescente (ECA) didn't even exist 10 years ago, this is relatively new legislation that is currently in full force. The Código Penal, while it does date back to 1940 has undergone numerous minor changes over the years, but the articles cited are current.

I hope you now have a better understanding of the situation as it stands here in this country.

Cheers,
William James Woodward, EB Experts Team