Adoção de idosos: a busca pelo direito da convivência familiar e comunitária da terceira idade

Abstract

Adoption was inserted in the brazilian legal system in favor of the right to family and community coexistence for children and adolescents, but due to the large number of elderly people abandoned by their biological family members, the legal possibility of applying the institute of adoption for the elderly in the brazilian system is discussed. For this, the deductive method was used, as the elements of the adoption institute are initially analyzed, in general, to understand the characteristics and fundaments of the adoption of an elderly person. This method ran through books, articles, newspapers and recordings to highlight the importance of this new type of adoption, thus being characterized in an exploratory and bibliographic research. Aiming to develop about this probability of adoption as a guarantee of the fundamental right of family and community coexistence to the elderly public. Thus, the work was divided into three chapters, the first being directed to the study of adoption and its historical factors; the second chapter listed the current rules in favor of the elderly together with the notes on the reverse affective abandonment and the role of the substitute family; and the third chapter analyzed the legal feasibility of this institute, pointing out the current projects of bills and the arguments about the application of this adoption in Brazil. From this, it is concluded that the adoption of the elderly can be considered of possible application, using the rules of the Child and Adolescent Statute and the Civil Code.