This article presents the debate on the subject of homeschooling. It analyzes homeschooling as an individual right for the freedom of choice of families, being opted by these parents to privately educate their children. The number of Brazilian families who choose to withdraw their children from school and to teach them at home has been increasing, as the movement to change the homeschooling regulation legislation in the country has expanded. This article questions the meaning of education within the larger context in the Democratic State of Rights, as well as education as a public asset, with public and private purposes, considering the homeschooling practice and its possible implications for the privatization of education. © 2016, Centro de Estudos Educacao e Sociedade - CEDES. All rights reserved.37134153168