Abstract
The judicial review of the constitutionality of homeschooling and religious education in public schools could be a turning point in the educational jurisprudence of the Brazilian Supreme Court (STF). In these cases, the Court is demanded to decide on rights related to freedom in education as well as on the limits of state action in compulsory education, in contrast to former decisions aimed at ensuring access to education. The decisions could elevate the jurisprudence to more complex levels of protection of the right to education. The aim of this article is to demonstrate the evolution of the jurisprudence of the STF from 2000 to 2015, its consequences and implications.
Keywords
right to education; rights in education; home schooling; religious education; judicialization of education; Brazilian Supreme Court