Uma análise do instituto da adoção à brasileira a partir da jurisprudência do Tribunal de Justiça do Estado de Sergipe e do Superior Tribunal de Justiça (2020 a 2025)

Abstract

This study aims to examine the jurisprudential evolution of the Court of Justice of the State of Sergipe and the Superior Court of Justice in order to identify the majority understanding of these courts about the institute of Brazilian adoption. The research was based on primary and secondary sources, such as the Constitution of the Federative Republic of Brazil of 1988, infra-constitutional legislation, legal doctrine, jurisprudence of the TJSE and the STJ, as well as monographs, dissertations and scientific articles. In this step, it was concluded in this work that the majority decisions of the STJ choose for the permanence of the child with the socio-affective family, even in the event of Brazilian adoption, considering the principle of the best interest of the child, whether the child is at risk or not, and whether there would be harm to him, until the judgment of the main action. The TJSE also follows the same understanding adopted by the STJ in its majority decisions. Thus, the decisions reveal a relaxation of legal requirements, such as the order of the adoption registration and the prior qualification of adopters, in order to ensure the well-being and emotional stability of the child in the specific case, observing the principles of the best interest of the child and adolescent and absolute priority, in addition to the condition of a person in development, as established in the constitutional text and in the Statute of the Child and Adolescent.