A devolução de crianças e adolescentes no período de pós adoção no Brasil: uma análise da atuação da 1ª vara da Infância e Juventude da Comarca de São Luís – MA frente aos possíveis casos de devolução

Abstract

The objective of this monographic work is to deal with the return of children and adolescents in the post-adoption period in Brazil, through an analysis of the methods used to avoid the occurrence of return in the 1st Court of Childhood and Youth of the Comarca of São Luís, in the State of Maranhão. Initially, the fact is presented that, in most cases, the desire to adopt comes from people who are not convinced of the civil responsibilities and challenges they will face when assuming the role of provider of all the things necessary for physical and mental health. infant's psychology, which ends up causing frustration and the consequent need to return it. Knowing this, it will be dealt with the task of the Judiciary to interfere in this reality, in order to analyze and judge concrete cases to propose interventions that minimize the impacts of the act. This is because analyzing such judicial decisions is relevant, since they have practical application in society, directly in the daily lives of those involved. In addition, the act of devolution cannot be allowed as a simple legal relationship, since the human being is not a commodity or product treated in business, which can be undone. Therefore, the results are that, in an interview with the Chief Judge of the 1st Childhood and Youth Court of the region of São Luís, in Maranhão, it was discovered that there has not been, until the present moment, any case of post-adoption return, with the analysis of the measures used by the Court to prevent cases of return.