The Daily BS • Bo Snerdley Cuts Through It!
The Daily BS • Bo Snerdley Cuts Through It!

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Homeschooling parents face jail for ‘intellectual neglect’ in first-of-its-kind case

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A Brazilian family’s legal battle is drawing international attention after a court sentenced two parents to prison for homeschooling their daughters, despite evidence showing the girls were academically successful, socially engaged, multilingual and thriving.

Audato and Ieda Denardi, a couple from São Paulo state, were sentenced by a lower court to 50 days in prison after a judge concluded they committed what Brazilian law describes as “intellectual neglect.” Their offense was not abuse, abandonment or educational failure. Instead, the court determined the family failed to provide a state-approved educational framework that included lessons on topics such as gender, sexuality, diversity and tolerance.

The case, believed to be the first criminal prosecution of homeschooling parents in Brazil, has become a flashpoint in the growing international debate over parental rights, government authority and ideological influence in education.

According to Alliance Defending Freedom International, which is assisting the family’s legal defense, prosecutors initially reviewed the evidence and recommended acquittal. An independent educational psychologist found the girls were developing normally, succeeding academically and showing no signs of neglect.

The family submitted more than 3,000 pages of documentation supporting their educational program.

Yet the court convicted them anyway.

Defense attorney Isabel Monteiro argued the ruling reflected ideology rather than law.

“The judge made an ideological decision to convict them,” Monteiro said, according to reports surrounding the case.

One factor cited in the proceedings stunned many observers. The court reportedly questioned whether the children were sufficiently integrated into Brazilian culture because they preferred religious and classical music over popular contemporary genres, including trap music and sertanejo.

The Denardis say they began homeschooling during the COVID pandemic after becoming dissatisfied with the quality of education their daughters were receiving. What started as a temporary solution evolved into a long-term commitment after the family saw significant academic improvement.

Today, the girls reportedly speak multiple languages and are accomplished pianists.

After formally withdrawing the children from school in 2022, the family says government officials repeatedly visited their home and pressured them to re-enroll the girls in traditional schools.

The judge ultimately accused the parents of “using their daughters as pawns in an ideological struggle” and criticized what the court described as an educational system operating outside state oversight.

The family remains free while pursuing an appeal.

“It has affected a lot,” Audato Denardi said. “Now we have to sleep and wake up every day thinking about that we can go to prison.”

The father said the prospect of incarceration has created enormous anxiety for the family, particularly because of the impact it would have on their daughters.

“That is our biggest problem in all this stuff, because we’re going to have to stay 50 days without them and who’s going to stay with them?” he asked.

The broader legal landscape in Brazil remains unsettled. In 2018, the country’s Supreme Federal Court ruled that homeschooling was not inherently unconstitutional but stated that lawmakers would need to establish a regulatory framework. While Brazil’s lower house approved legislation to regulate homeschooling in 2022, the measure stalled in the Senate and never became law.

As a result, thousands of homeschooling families have found themselves caught between conflicting interpretations of educational authority and parental rights.

The Denardis’ appeal is expected to be heard by the 7th Criminal Chamber of the Court of Justice of São Paulo.

“We are waiting for real justice and the court to give us this acquittal that we think we deserve,” Audato said. “Because the state can’t change law based on ideology.”