A couple in Brazil has been sentenced to 50 days in prison for homeschooling their two daughters, a ruling that critics say highlights concerns over parental rights and curriculum control. The São Paulo criminal court found Audato and Ieda Denardi guilty of "intellectual neglect" after determining their homeschool curriculum lacked state-mandated programs on "gender and sex education" and "tolerance and diversity."
The court also cited the parents' alleged failure to integrate their children into Brazilian culture, noting the girls' preference for religious and classical music over popular genres like trap or sertanejo. This decision marks what is believed to be the first criminal prosecution of its kind in Brazil.
The Denardis, who began homeschooling their daughters, aged 15 and 11, during the COVID-19 pandemic in 2020, stated they decided to continue the education at home after observing shortcomings in the girls' traditional schooling. They officially withdrew their daughters in 2022, after which state officials began home visits and pressured them to re-enroll the children.
The family's defense attorney, Isabel Monteiro, argued that the judge's ruling was ideologically driven, particularly focusing on the older daughter's musical preferences. "The Denardis provided more than 3,000 pages of evidence showing they hadn't intellectually abandoned their children," Monteiro stated, noting that even state prosecutors had recommended acquittal, finding the girls to be socially and academically thriving.
Despite the prosecution's recommendation and an independent educational psychologist's evaluation confirming the children's well-being, the judge rejected the findings. The judge accused the parents of "using their daughters as pawns in an ideological struggle, subjecting them to a form of unregulated education, the effectiveness and quality of which lack adequate metrics within the Brazilian legal system, while completely excluding the State’s involvement."
Audato Denardi expressed the significant emotional toll the sentence has had on the family, stating, "It has affected a lot... Now we have to sleep and wake up every day thinking about that we can go to prison." The parents' primary concern is the welfare of their children during a potential prison sentence.
The case underscores the complex legal landscape of homeschooling in Brazil. While the nation's Supreme Court ruled in 2019 that homeschooling is not unconstitutional, it stipulated that the practice must be regulated by the legislature. A regulatory framework bill passed the House of Representatives in 2022 but has stalled in the Senate, leaving homeschooling families in a state of legal uncertainty.
The Denardi family remains free while they appeal the ruling, which will be heard by the 7th Criminal Chamber of the Court of Justice of the State of São Paulo. "We are waiting for real justice and the court to give us this acquittal that we think we deserve because the state can't change law [based on] ideology," Audato Denardi said.