Brazilian court to decide legality of homeschooling case
A Christian mother's choice to homeschool her son will be at the center of a high-profile legal battle in Brazil this week.
According to the Christian Post, Regiane Cichelero is set to appear before Santa Catarina’s highest state court on Wednesday as she faces prosecution for continuing to homeschool her 12-year-old son despite compulsory school attendance laws.
Cichelero, a resident of Santa Catarina, began homeschooling in 2020 when schools moved to remote instruction due to the COVID-19 pandemic. Though public and private schools reopened for in-person learning in March 2021, she chose to continue teaching her son at home.
This decision became the subject of legal action when local authorities cited her for failing to comply with Brazil’s mandatory school enrollment requirements. She later faced financial penalties and even the possibility of losing custody of her child.
A $300 fine was issued against her, in addition to a $20 daily penalty, which could have amounted to as much as $1,200. A judge warned that refusal to enroll her son in an approved school could result in further consequences regarding her parental rights.
Homeschooling Defended as a Religious and Educational Choice
In her public statements, Cichelero has emphasized that her decision stems from both religious conviction and a belief that she can offer a better quality education at home. She said she wants to prepare her son academically while instilling faith-based values that align with her family’s beliefs.
“I choose to homeschool my son because I believe this is what is best for him,” she previously stated. “Moreover, homeschooling ensures that I can impart our faith and values to him daily.”
She also added that she sees it as part of her responsibility as a parent. “It is my role as a mother to provide the best education I can for my son,” she said ahead of her court hearing.
Legal Group Argues Case Is About Parental Rights
The legal advocacy organization ADF International has taken up Cichelero’s case, arguing that international law protects her right to choose how her children are educated. The group is offering legal support as proceedings begin in Santa Catarina’s judicial system.
Julio Pohl, legal counsel for Latin America at ADF International, said, “Regiane made a lawful and conscientious decision to teach her son at home.” He labeled the local government’s actions as a “violation” of her parental rights as defined by international standards.
Pohl also pointed to international human rights treaties, including the Universal Declaration of Human Rights and the International Covenant on Economic, Social, and Cultural Rights. Both affirm the right of parents to select an education that respects their beliefs.
Lack of Federal Homeschool Law Adds to Uncertainty
The legal confusion around Cichelero’s case reflects a broader issue in Brazil, where homeschooling remains unregulated at the federal level. In 2018, Brazil’s Supreme Federal Court ruled that homeschooling is not unconstitutional, but emphasized that regulation through legislation would be required.
Without such laws, homeschooling families operate in a gray legal area, often facing conflicting interpretations from local authorities. These issues create ongoing challenges for thousands of families across Brazil who choose alternative educational paths.
According to unofficial estimates from the National Association for Home Education, more than 70,000 children are currently being homeschooled throughout the country. However, those numbers remain unofficial in large part due to the absence of clear legal recognition.
Homeschooling Community Watches Court Decision Closely
For Cichelero and other Brazilian parents choosing to homeschool, this week’s court hearing could represent a pivotal moment. Many are hoping it will bring clarity, if not full legal support, for their decisions to educate outside of the traditional system.
Cichelero expressed hope in her statement before the hearing, saying she wants a decision that will “affirm the right of parents to direct their children’s education.” She also stressed that no parent should lose custody or face penalties “for making the best choice” for their child.
She continues to homeschool both her 12-year-old son and a younger child, despite the continuing legal and financial pressures. Her case could set a precedent for how such situations are treated moving forward in the state and possibly beyond.




