Despite the Brazilian Supreme Court ruling in 2019, that homeschooling children did not violate Brazil’s constitution, a lower court judge recently sentenced two parents to 50 days in jail for homeschooling their two girls.

Audato and Ieda Denardi were found guilty by a São Paulo judge despite the state prosecutor admitting that the parents had not abused their children, aged 15 and 11.

The prosecutor even recommended acquittal.

In addition this, testimony by independent experts revealed that the children were well looked after and excelling in academics.

However, it seems this rogue judge took the law into his own hands and found the parents guilty of not providing state approved “gender and sex” or “tolerance and diversity” education.

According to Julio Pohl, the Alliance Defending Freedom lawyer representing the parents, the judge was apparently offended by the children’s choice of music.

The judge specifically noted that the two girls did not like two of Brazil’s popular musical genres known as ‘trap’ (pop-music) or “sertanejo,” (folk music).

“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,” Pohl noted in the ADF news release.

Pohl added that the decision was “a grotesque abuse of the criminal law.”

Fortunately, the Denardis remain out of jail as the decision is appealed.

There are approximately 70,000 children being homeschooled in Brazil, and part of the problem is that there is no legislation governing homeschooling. This allows judges to take matters into their own hands.

Legislation was passed in 2022 by Brazil’s House of Representatives providing a legislative framework for homeschooling. Unfortunately, it stalled in the Senate.