The Case That Could Criminalize Homeschooling — Starting in Brazil

A legal document titled 'Parental Rights' with wooden figures representing a family and a gavel

A Brazilian judge sent two parents to prison for teaching their own daughters at home — because the lessons didn’t include state-approved content on gender and sexuality.

Story Snapshot

  • A São Paulo court sentenced Audato and Ieda Denardi to 50 days in prison for homeschooling their daughters without a state-approved curriculum on gender, sex education, and diversity.
  • An independent psychologist found no signs of neglect, and even the prosecutor recommended the parents be acquitted — but the judge convicted them anyway.
  • This is the first criminal conviction of homeschooling parents in Brazil, turning what had been an administrative issue into a criminal one.
  • The case is under appeal, with parental rights groups calling it a dangerous example of government overreach into family life.

Parents Convicted for Skipping Gender Curriculum

A São Paulo criminal court sentenced Audato and Ieda Denardi to 50 days in prison in April 2026. The charge: “intellectual neglect” under Article 246 of Brazil’s Penal Code. The judge ruled their homeschool curriculum failed to include state-approved programs on “gender and sex education” and “tolerance and diversity.” Their daughters are 11 and 15 years old.

What makes the ruling stand out is who opposed it. An independent educational psychologist reviewed the girls and found no signs of neglect. The daughters themselves said they wanted to keep learning at home. Most strikingly, the prosecutor recommended the parents be acquitted. The judge convicted them anyway, stating the parents had used their children as “pawns” in a cultural dispute.

A Legal Grey Area Turned Criminal

Homeschooling in Brazil sits in a murky legal space. Brazil’s Supreme Court ruled in 2018 that home education is not unconstitutional, but also said federal law must be passed before it can be practiced legally. That law has never been passed. So families who homeschool do so without clear legal protection — and without clear legal prohibition either.

This case marks the first time a Brazilian court has treated homeschooling as a criminal matter rather than an administrative one. Prior cases were handled through civil or regulatory channels. By using Article 246 of the Penal Code, the São Paulo judge escalated the issue into criminal territory — a move that advocacy groups say has no solid legal foundation given the Supreme Court’s own 2018 guidance.

Experts and Advocates Push Back

Alliance Defending Freedom International, a parental rights legal group, is supporting the family’s appeal. The organization says the ruling sets a dangerous standard — that parents can be jailed not for harming their children, but for teaching values that differ from what the government prefers. The girls showed no academic or emotional deficits, according to the psychologist’s report.

People across the political spectrum have reason to be troubled by this case. Whether your concern is government overreach, the rights of parents to raise their children according to their own beliefs, or the use of criminal courts to enforce ideological agendas, this ruling touches all of it. A judge overruled both a psychologist and a prosecutor to send two parents to prison — not for hurting their kids, but for what they chose to teach them. The appeal is pending. The outcome could shape how Brazil — and perhaps other countries — treat families who educate at home.

Sources:

reason.com, nypost.com, ewtnnews.com, cambrilearn.com, spzh.eu, naturalnews.com, facebook.com