Sao Paulo, Brazil, Sep 12, 2025 /
07:00 am
The Santa Catarina State Court of Justice in Brazil has denied Regiane Cichelero’s request to home-school her son. In its Sept. 2 ruling, the court upheld the previous decision requiring the child to be enrolled in a regular school in addition to a fine of 100,000 reais (more than $18,000).
In 2020, with the closure of public schools in Santa Catarina state due to fears surrounding the COVID-19 pandemic, Cichelero decided to home-school her son. After schools reopened in March 2021, the lawyer decided to continue home-schooling him, believing it would guarantee a quality education in line with the family’s religious beliefs.
At that time, the school began an “active search” for Cichelero’s son. The Child Protection Council went to the lawyer’s home and warned her about the mandatory school enrollment requirement, according to the Child and Adolescent Statute. After the Child Protection Council’s notification, the case was referred to the Santa Catarina public prosecutor’s office.
Initially, the presiding judge threatened to remove Cichelero’s son from her custody if she continued home-schooling him. Later, the Santa Catarina court ruled that she had to pay a fine of between three and 20 times the minimum wage, plus an additional daily fine of 1,000 reais (approximately $184) if her son was not enrolled in school.
Her defense
On social media, Cichelero said she will appeal to Brazil’s Supreme Federal Court and, if necessary, to the Inter-American Court of Human Rights in order to continue home schooling.
The judges ruled on the case without “observing the law,” she said. “They ignored international human rights treaties, they ignored the constitutionality of home schooling. They relied solely on personal opinions.”
The Alliance Defending Freedom (ADF), a religious freedom legal advocacy organization, has been coordinating Cichelero’s defense since 2023, believing that her rights are being violated and that “parents have priority by right in choosing the type of education their children will receive.”
“This decision represents a disappointing setback for parental rights in Brazil,” said Julio Pohl, legal adviser for Latin America at ADF International, which coordinated Cichelero’s defense. “International human rights law is clear: Parents have the right to choose the type of education their children receive. By ruling that Cichelero cannot home-school her son, the court not only ruled against her family but also undermined the protections of all parents throughout Brazil.”
Article 26.3 of the Universal Declaration of Human Rights states: “Parents have a prior right to choose the kind of education that shall be given to their children.” Article 13.3 of the International Covenant on Economic, Social, and Cultural Rights also establishes that states must respect the right of parents “to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the state and to ensure the religious and moral education of their children in conformity with their own convictions.”
In Brazil, Bill 1338/2022, which would regulate home schooling in the country, was approved by the Chamber of Deputies (lower house) in 2022 but is still awaiting a vote in the Senate.
According to the Brazilian National Association of Home Education, approximately 75,000 Brazilian families have currently opted to home-school. This represents approximately 150,000 students receiving home schooling in the country.
This story was first published by ACI Digital, CNA’s Portuguese-language news partner. It has been translated and adapted by ACI Prensa/CNA.
Nathália Queiroz de Carvalho Lima is certified in Spanish by the Cervantes Institute and has worked as a translator for seven years at ACI Digital. She has experience writing religious content for Catholic media in Portuguese and Spanish.
