This marked the first time parents in Brazil have faced prison time solely for home education, according to Home School Legal Defense Association (HSLDA).
Despite the family providing over 3,000 pages of evidence showing a structured, high-quality curriculum, the judge ruled against them. The decision bypassed the prosecutor's recommendation for acquittal, citing highly ideological concerns regarding gender and culture.
Kevin Boden of HSLDA International recently spoke on American Family Radio (AFR)'s "Jenna Ellis in the Morning" program, explaining that this ruling is a massive human rights violation and has caused a severe "chilling effect" across the Brazilian homeschooling community.
However, it has also shocked the nation, he said, into renewing efforts to pass stalled federal legislation that would permanently regulate and protect home education under Brazilian law.
"They're appealing this decision," Boden said about the family. "They do have some optimism that the case will not stand on appeal, but as it stands right now, the family is waiting idly by, working through their counsel to appeal this pretty ideological ruling by the lower court judge."
Alliance Defending Freedom (ADF) International is providing legal support for the appeal.
Audato and Ieda Denardi were partly convicted for so-called “intellectual neglect” because they weren’t teaching their 11- and 15-year-old daughters about things regarding “gender and sex education” and “tolerance and diversity,” said ADF International. The court also believed the children were not properly educated on cultural diversity, even though they could speak multiple languages, just because they did not like Brazilian "sertanejo" music.
The family's lawyer, Isabelle Monteiro, told HSLDA the case was a “completely ideological ruling, from a judge who self-identifies online as an LGBT activist.” The judge even cited German jurisprudence — a county where homeschooling is effectively banned — to justify the imprisonment.
"There's a human element that society in Brazil is looking at and saying, this is just wrong," Boden said.
Speaking at a convention in Brazil and meeting homeschool families in the country, Boden said people there look to the U.S. as a lighthouse for freedoms they hope to achieve in Brazil.
As a result, HSLDA's prayer remains that “families would be free to choose to exercise their God-given and natural right to teach their children at home free from burdensome and unnecessary regulation.”
