A (in)aplicabilidade do instituto da responsabilidade civil aos adotantes: uma abordagem sobre a adoção frustrada frente ao ordenamento jurídico brasileiro

Abstract

The current research presents a reflection before the possibility of civil responsibility of the adopter that returns the adopted to the care of the State during the stage of coexistence, this institute is thought to evaluate the convenience of the measure, or after that, when the adoption was already concretized. However, in spite of the legal possibility of interrupting adoption in the course of the coexistence stage, there are cases in which this situation generates an intense emotional and psychological shock to the returned child or adolescent, who needs to be given special supervision to restore his moral integrity. Thus, the specific features of the legal protection given to children and adolescents over the centuries will be outlined, as well as the advancement of provisions regarding adoption in the Brazilian legal system over the years. In a second moment, the discipline of the institute of civil responsibility in the Civil Code will be addressed, in order to prepare the field for its application in the scope of childhood and youth. Finally, the motives adopted by adopters and the consequences of a second abandonment will be examined, as will the parameters that are being used by Brazilian doctrine and jurisprudence when deciding whether or not to apply the civil responsibility to the quitters.