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Brazil
Rio de Janeiro: April 13, 1992-January 30, 1995

On April 13, 1992, the First Children's Court of Rio de Janeiro, acting on unfounded information supplied by reporters from a sensationalist TV show, opened an investigation of the Family's local community. The three-year investigation included numerous court-ordered visits by investigators, social workers, and other officials. No indication of any type of wrongdoing resulted.

On November 14, 1994, Judge Liborni Siqueira ordered a "rigorous inspection" of the Rio community. The surprise inspection was performed personally by the Director of the Department of Investigations of the First Children's Court, Dr. Wilherme Borges, who concluded his detailed report by stating:

We are very happy to have been able to visit the above-described institution the Family, as we have never visited a home that showed such loving attention in their care of the children, though these are accompanied by their parents. We only regret that other homes dedicated to the care of children do not reflect the beauty, the love, and the living conditions offered by the Family.1

Despite the favorable reports of the court investigators, the prosecutors inexplicably petitioned the court that the parents of Family children residing there be ordered to enroll their school-age children in conventional schools. The court acquiesced. (Homeschooling had never previously received official recognition in Brazil.) Family parents involved immediately appealed this decision.

On January 30, 1995, in a landmark seven-to-one decision, the Judicial Council of the State of Rio de Janeiro held that since court documents showed that the children were being well educated, the lower court had no right to interfere with the manner in which Family parents choose to administer education to their children. Justice Adolphino Ribeiro, writing for the majority, found that:

Having been demonstrated by regular means that the education utilized via the "homeschooling" method adopted in a religious community is equal to or better than the official education, there is no error or omission on the part of the parents or guardians which would cause the imposition of exceptional measures such as guardianship, especially since the law guarantees to the parents the right to choose the type of education to be given to their children. Appeal granted.2

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Footnotes:
1 First Children's Court of Rio de Janeiro, Case number 57,931/92, November 14, 1994.

2 Judicial Council of the State of Rio de Janeiro, Appeal number 948/94, Rio de Janeiro, Brazil, January 30, 1995.