Morosidade do processo adotivo brasileiro: violação do dever de afeto e a possibilidade de responsabilização estatal

Abstract

This paper aims to understand the factors that cause the length of the Brazilian adoption process, as well as the possibility of state accountability, due to the violation of the duty of affection. The research method used was the inductive, since the analysis of an object, the Brazilian adoptive procedure, provided general conclusions. First, the principles of family law that are applicable to adoption, namely the principle of affectivity, the principle of family solidarity and the principle of the best interest of the child and the adolescent, were analyzed. After that, the main reasons for the slowness of the adoption process in Brazil were analyzed, being the attempt to stay with the parents and the incessant search for the extended family. And finally, in view of the length of the adoption procedure, there was the possibility of State accountability due to the violation of the duty of affection of the institutionalized children and adolescents, due to the essentiality of the affection in the development in the formation of any bond family