A (im) possibilidade de adoção dos netos pelos avós: o afeto como valor júridico.

Abstract

The objective of this monographic work is to analyze the legal (im) possibility of grandchildren’s adoption by their grandparents that, due to the prohibition expressed in the Statute of the Child and Adolescent (Law No. 8.069/1990), promotes a strong legal debate in the doctrinal and jurisprudential context. It analyzes the relaxation of the norm that is based on the affectivity principle and on others related to it. After 1988’s Constitution promulgation, the adopted ones became a fundamental piece in adoption process, and their interests should prevail in all circumstances over the adopter’s interests. Thus, it will be seen that the inapplicability of grandchildren’s adoption by their grandparents in the face of compliance with patrimonial and inheritance confusion, harms the real benefit that the adopted ones should attribute to adopting, since in this special situation there is an affective connection between the child or adolescent with his/her ascendants who, often, taking them under his/her de facto custody, and voluntarily assuming family power, seek judicial protection to legally effect adoption. In grandchildren’s adoption by their grandparents, the affection is already consolidated and child is totally inserted in familiar environment, there is therefore no reason for its rejection simply because there is a patrimonial confusion. The object of this present research was developed based on the deductive method and, in relation to the procedures, the addressed subject was analyzed based on the bibliographic research technique, as well as jurisprudential analyzes, with the purpose of reaching the objectives of this study, drawing a parallel between the analysis of the thematic and the proposed problematization.