Abstract
This essay aims to fix two fundamentals of the mouvement named as homeschooling. This mouvement, in its two versions, is supported both by the family right and by freedom of teaching. By the first, the argument is that it´s up to the family to choose what kind of school and what kind of teaching is whorthwhile for their children. Family tries to fulfill at home, suo modo, the legal requirement, since education is a state legal commandment. On the other hand, some of the families desiring homeschooling contest the legal obligation as it is stablished by the State. By placing the family right or the freedom of teaching as prior to any obligation coming from the State, this mouvement seems to widely resume the arguments of jusnaturalism in its medieval, and even modern features. Also due to the generic character of some international declarations of which Brazil is subscriber, there are families arguing in favor of homeschooling. This essay stresses the importance of teaching obligation as an inalienable task of the State of Right to face the request of homeschooling.
Keywords
homeschooling; freedom of teaching; obligation; duty of the state