Um novo começo: a adoção à brasileira e sua flexibilização para a caracterização da socioafetividade

Abstract

The present study arises from the interest in analyzing the legal implications of Brazilian adoption in the legal system, considering a regulation based on socio-affectivity. The study is conducted through a hypothetical-deductive approach, using a bibliographical methodology and quantitative-descriptive field research through an online form. We delimit the theme in its historical and legal aspects, demonstrating its consequences, indicating the determinants of the act of registering someone else's child as if it were your own, based on the analysis of the legal institute of socio-affectivity. In view of this, it was possible to base the regulation of adoption in the Brazilian way already implemented when there is the presence of a socio-affective bond established in the relationship between the adopter and the child or adolescent. This approach seeks to meet the principles and guidelines of the Child and Adolescent Statute, as well as other legal precepts that aim to ensure the best interests of the child and adolescent, since the relevance of affective ties is recognized as a determining factor for the development and the integral formation of the adopted child. Thus, this study aims to contribute to the legal debate about adoption in the Brazilian way, providing theoretical bases that support a regulation of already implemented acts that, despite its illegality in the legal system, is not capable of excluding its realization.