A problemática da adoção à brasileira em face do ordenamento jurídico pátrio.

Abstract

It concerns the adoption to the Brazilian, an atypical institute, for which a couple or a person, moved by order criteria it aims at and, especially, of subjective order, it registers in your own name, child alienates. The relevance of that adoption species is observed for the juridical and social order, tends in view that it is a controversial and current plenty subject, irradiating consequences be adjusted it by the Right. This way, to present she researches scientific it is entitled: The problem of the adoption to the Brazilian in face of the Brazilian juridical ordenation. With the maximum purpose of revealing the origin, the definition, the discipline, the peculiarities and the juridical and social consequences current of the institute in focus. In the accomplishment of that research, the historical-evolutionary and exegetic-juridical methods were used, by the employment of the doctrine, jurisprudence, legislation and goods of Internet. It is verified that that institute happens with irregularity in the breast of the Brazilian society, once there is the placement certain child in a family, without the observance of the legal requirements, corroborating like this, the elaborated problem, which is: the practice of the adoption to the Brazilian crime is considered by our Brazilian juridical ordenation? In agreement with the picked information an affirmative answer is had in relation to elaborated hypothesis, once the legislation typifies as penal infraction to register as yours, son of somebody else, although he/she opens space so that the judge before the concrete case, stop applying the feather.