Adoções frustradas : os reflexos jurídicos da devolução de crianças e adolescentes adotados

Abstract

In view of the increasing cases of returns of adopted children and adolescents in Brazil, this monography intends to approach the repercussions of this practice in the national legal framework. In order to do so, a deductive method was applied to a qualitative approach based on bibliographic research and documentary analysis. From the doctrinal lessons and the scientific works studied, besides the legal and jurisprudential dictates, it was possible to observe that the legal consequences of the return are not limited to the immediate ones: interruption of the process of adoption or destitution of family power. Initially, a conceptual, historical and legal approach is taken with regard to the adoption institute, observing the principles of protection of minors listed in the Federal Constitution and the Statute of the Child and Adolescent. It also shows the current picture of data about the returns, the main risk factors for the success of adoption and the differentiation between the return that is analyzed here and the crime of abandonment. It discuss the harm caused by the return of foster children to shelters, as well as the possibility of civil responsabilization of parents and incidence of food obligation. Some concrete cases that inhabited the Brazilian judiciary and demonstrate the occurrence of legal reflexes addressed are also listed. It concludes, finally, that the civil responsibility of the adoptive parents; the incidence of food obligation and, in extreme cases, the repeal of adoption can be consequences of the return of adopted children and adolescents. It is also noted that the first two can occur even when the return happens during the coexistence stage.