O processo de doação no Brasil: reflexo da complexidade do procedimento.

Abstract

The study was based em doctrinal analysis, legislative sources, as the New Adoption Law (Law 12.010/09), Law Project 7563/2014, and the Federal Constitution, the Civil Code, the Children and Adolescent Statute and also jurisprudence. The text seeks to attend, for example, that with the New Adoption Law in na attempt of accelerate the adoption process and decrease the permanency of children and adolescent in institutions it was fomented just the contrary, making it difficult and bureaucratizing the adoption process, giving the preference to the natural and extensive minor family, leaving in second plan the children and adolescent right to have a loving family intimacy. Another subject treated would be the actual concept about adoption in the brazilian doctrine, as well as the bureaucratic procedure, which jams overmuch the act. Bringing also improvement proposals to the welcome procedure debureaucratisation. This requires an analysis to the Law Project 7563/2014, that proposes changes in the National Adoption Law (Law nº 12.010/2009) and in the Children and Adoslecent Statute (Law nº 8.069/1990), legislative changes of distinct importance that has the purpose to a large agility, reducing there by the bureaucracy in the brazilian adoption process. Therewith, the presente paper aims to trace the brazilian adoption process and its bureaucratization, which difficults the full strength of families that come through the affection bonds regardless the genetics root, and criticize the actual form of the current regulation of adoption in Brazil, that rigorously and even as much as eloquente, treat the entire adoption process.