- Parents who chose to homeschool their two daughters convicted of «intellectual neglect” and sentenced to 50 days in prison in first criminal prosecution of home educators in the country.
- Conviction is part of a broader pattern of parental rights concerns in Brazil; ADF International is providing legal support to parents’ appeal.
BRAZIL (JUNE 16) — Brazilian parents Audato and Ieda Denardi have been sentenced to 50 days in prison for homeschooling their daughters. The parents were convicted of “intellectual neglect”, with the judge stating that the home education curricula failed to include programs on “gender and sex education” and “tolerance and diversity.”
The court also concluded that because the girls, aged 15 and 11, did not like “trap” or «sertanejo» (folk) music, their home curriculum had also failed to properly educate them in cultural diversity, despite the fact that they are both accomplished pianists and speak multiple languages.
The Denardis were initially sentenced by a lower court in São Paulo in April 2026. Now, they are appealing the ruling, challenging the state’s attempt to imprison them for exercising their right to direct their children’s education. Their sentence will be suspended pending the appeal, which will be heard by the 7 Cãmara Criminal do Tribunal de Justiça do Estado de São Paulo, the highest state court. ADF International is providing legal support for the appeal.
“As a mother, I cannot 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. My husband and I are hopeful the court will recognize our right to choose the best education for our children and overturn this unjust conviction."
“As a mother, I cannot 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.” said Ieda Denardi. “My husband and I are hopeful the court will recognize our right to choose the best education for our children and overturn this unjust conviction.”
The conviction came despite the prosecutor recommending that the court acquit the parents. After hearing the witnesses and evaluating the social and academic development of the girls, the prosecutor concluded that the parents had not neglected their children.
In his decision, the judge explicitly accused the parents of “using their daughters as pawns in an ideological struggle, subjecting them to a form of unregulated education, the effectiveness and quality of which lack adequate metrics within the Brazilian legal system, while completely excluding the State’s involvement.”
The Denardis’ case has drawn congressional attention, with lawmakers recently holding hearings at which the parents urged Congress to act in favor of homeschooling. A homeschooling bill was approved in the House of Representatives in 2022, but has since stalled in the Senate, creating legal uncertainty for parents who seek to homeschool their children.
“The prosecutor examined the witnesses and recommended for acquittal. An independent educational psychologist found no sign of neglect. The girls themselves described rigorous daily education. The judge convicted anyway – because a fifteen-year-old said she finds some music lyrics morally questionable, and because the curriculum didn’t include state-approved content on gender. A parent has been sentenced to prison not for failing to educate her children, but for educating them according to her own values. This is a grotesque abuse of the criminal law, and we will not let it stand.” said Julio Pohl, Legal Counsel for Latin America at ADF International.
Background
Despite over 70,000 children currently being homeschooled in Brazil, the lack of a clear legal framework has left many parents with additional obstacles when choosing home education.
In 2019, the Brazilian Supreme Court ruled that homeschooling did not contravene the Constitution, but required a federal law to regulate it. Homeschooling parents have relied on international law to defend their right to direct the education of their children. The lack of a federal law on the issue has left them in legal limbo and under constant threat of sanction. One such parent who has faced pushback in the courts is Regiane Cichelero, a Brazilian mother who was denied the right to homeschool her son by a state court last year. ADF International is supporting her appeal.
However, until now, it has been treated as an administrative offense for failing to register the children in school. The Denardis are the first parents to be criminally convicted for homeschooling their children.
The Denardi parents began homeschooling their daughters in 2020, after observing the shortcomings of the public education system during pandemic-era remote learning. Since they started homeschooling, they have seen significant improvement in their daughters’ academic performance and have also enjoyed being able to incorporate their faith and personal values into their learning.
