Efeitos da devolução de crianças e adolescentes adotados

Abstract

This study aims to demonstrate the possibility of civil liability of adopters who return the child or adolescent, such as if it were a mere object, causing irreparable damage. To do so, it addresses the evolution of the adoption institute and its process in Brazilian legislation, passing through the Minorist, Constitutional Legislation, Child and Adolescent Statute, Code Civil, until changes made later, always focusing on protection integral because it is a person in a peculiar condition of development. it is known that adoption is an irrevocable institute, but even if the return occurs during the stage of coexistence, when the law is silent, the return of the child or adolescent to the host institution is characterized as unlawful conduct due to the abuse of rights and breach of trust. In this way, it aims to analyze the effects psychological factors that the return entails to the minor, as well as the possible legal consequences that justify the civil liability of adopters. However, it is necessary to debate the theme, as even if it is more common to what appears to be the return of children and adolescents, it is a matter little debated. Finally, we sought to demonstrate the jurisprudential understanding, which has been penalizing the double abandonment of these minors, considered invisible