Alliance Defending Freedom

A Brazilian couple has been sentenced to 50 days in prison after homeschooling their two daughters, a decision that is drawing international attention and raising concerns about parental rights, religious freedom, and the role of government in education.

Audato and Ieda Denardi, parents of two girls ages 15 and 11, became the first parents in Brazil to receive a criminal conviction related to homeschooling. A lower court in São Paulo found them guilty of “intellectual neglect,” despite evidence presented during the case that their daughters were academically successful, socially engaged, and thriving.

According to the court ruling, the family’s homeschool curriculum failed to include state-approved instruction on topics such as gender, sexuality, tolerance, and diversity. The judge also pointed to the girls’ musical preferences as evidence of insufficient cultural education.

Because neither daughter expressed interest in popular music genres such as trap or sertanejo, the court concluded they had not been adequately exposed to Brazilian culture. The ruling came even though both girls are accomplished pianists and speak multiple languages.

In his written decision, the judge accused the parents of using their daughters as “pawns in an ideological struggle” and criticized them for excluding the state from the educational process.

The conviction surprised many observers because the prosecutor assigned to the case had recommended that the parents be acquitted. After reviewing the girls’ academic records, interviewing witnesses, and examining their social development, the prosecutor concluded there was no evidence of neglect.

An independent educational psychologist reached the same conclusion, finding no indication that the children had been harmed or deprived educationally.

Nevertheless, the judge proceeded with the conviction.

“The judge convicted anyway — because a 15-year-old said she finds some music lyrics morally questionable, and because the curriculum didn’t include state-approved content on gender,” said Julio Pohl, legal counsel for Latin America with ADF International, which is assisting the family with its appeal. He described the ruling as “a grotesque abuse of the criminal law.”

The Denardis’ prison sentence has been suspended while the case moves through the appeals process. The family will now take their case before the highest criminal court in São Paulo state.

Ieda Denardi expressed disbelief over the outcome.

“I could not conceive a more dictatorial state than the one that wants me in jail because I chose to exercise my right to direct the education and upbringing of my daughters,” she said.

The family began homeschooling in 2020 after becoming dissatisfied with public education during the COVID-19 pandemic. They say the decision led to significant academic improvement and allowed them to integrate their Christian faith and personal values into their daughters’ education.

The case arrives as Brazil continues to debate the legality of homeschooling. In 2019, Brazil’s Supreme Court ruled that homeschooling does not violate the Constitution but said federal legislation would be needed to regulate the practice. While a bill legalizing homeschooling passed Brazil’s lower house in 2022, it has stalled in the Senate, leaving an estimated 70,000 homeschooling families in legal uncertainty.

For many Christian parents around the world, the case highlights an ongoing debate over who bears primary responsibility for a child’s education—the state or the family. As the Denardis await their appeal, supporters hope the higher court will overturn the conviction and affirm parents’ right to direct the upbringing and education of their children.

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