A frustração da adoção: uma análise acerca da (im) possibilidade de promover a devolução de crianças e adolescentes

Abstract

This work aims to analyze the adoption institute as a judicial process, aiming to discover the possibility of returning the adopted during the process and after the final decision. As it is a legal act that ends with the formation of a new family, and mainly because it involves vulnerable children and adolescents, the possibility of a conduct that can have several personal and social consequences for both parties in the process is discussed, if makes it so healthy. In order to achieve the objective outlined, a research method based on document analysis was used, where seven judicial decisions of some Brazilian courts and the Superior Court of Justice were collected, to answer the questions set as the main objective. Bibliographic research was also used, through books, scientific articles, technical notes, newspapers and newsletters, which were fundamental in the development of specific objectives. The method of approach used is qualitative, and the nature of the research is basic, as it aims to improve theories on the subject, but without generating factual application. The results of this research showed, through the analysis of the law, doctrine and jurisprudence, that it is possible that the adopter regrets the adoption during the coexistence stage, which in turn, can last the entire process; even if this coexistence is established for many years. After the adoption decision has become final, the return is possible, when it is essential for the best interest of the child or adolescent and their full protection. It was found that the decisions in their entirety have a full principled basis on the rights of children and adolescents, and that within these circumstances they can apply legal consequences to adopters who regret the adoption after the construction of intimate bonds of affection, or other damages to the child. or teenager.