A responsabilidade civil na adoção, decorrente da devolução imotivada, após concluído o procedimento de adoção: análise sob a perspectiva do princípio da dignidade humana e do princípio do melhor interesse do menor

Abstract

The purpose of this study is to analyze the negative effects that unjustified devolution, after the adoption process has been completed, can bring to the child, seeking to examine, more specifically, what psychological effects are caused by this conduct. In this sense, it is sought to verify the application of the institute of civil responsibility to the adopters who practice such an act. This is because the minor suffers greatly from this abandonment, which may negatively affect his development, since he was left by his family, a first time, in some institutional body. This affirmation was corroborated from doctrinal and jurisprudential examinations. Based on this, it will be studied the role of the State, the family and society, in this context, to guarantee the full protection of the rights of the child and the adolescent, as well as eventual civil responsibility of the adopters for the unmotivated return of the minor after the adoption procedure, as a way to mainly prevent such kind if situation.