Brazilian Supreme Court Bans Homeschooling

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Bert Perry's picture

It would be interesting to know whether this is the Brazilian court more or less making law, or whether it's interpreting established law.  I'm guessing the former, and that's one big reason that Constitutional originalism is a big deal--it's really a governmental parallel of Sola Scriptura and the First Fundamental, to have a theoretically unmoving point of reference for rights.

On another note, it strikes me that after the atrocities of the 20th century, we would give up on the idea that government knows better than parents about how to establish a coherent worldview, but no such luck in Brazil, or really anywhere in the world among the left.

Bert Perry's picture

From the HSLDA.  More or less, the high court found that it was not expressly allowed, and hence there would need to be legislation passed to provide for it, including some evaluation of learning and socialization.  So if such a law is passed, it's not particularly more malign than many states' homeschooling laws here in the U.S. 

I am glad that my previous comment was needlessly pessimistic, though the HSLDA notes that in certain other cases, their opinion was that the high court seemed to find things in the Constitution for other groups more favored by the ruling class.  I would have to know a lot more Portugese to suss these things out.