Direito de desistência:uma análise sobre a responsabilidade civil do adotante ao desistir do processo de adoção.

Abstract

Despite the lack of conceptualization of the 1988 Constitution and the 2002 Civil Code on the family entity, the Brazilian legal system considers it as a fundamental and sacred connection for the formation of society. correlated previously by a common ancestry, the family went through changes social, historical and cultural over the years. contemporaneity, a nucleus of individuals linked by affection and care mutual. Added to this, the institute of adoption appears as an alternative to Brazilian family constitution, in view of the significance of family. Furthermore, the numbers of children and adolescents able and available for adoption in the country warn of a very urgent and complex social problem, as there are of gender, race and age group with respect to the statistics with the highest and lowest percentage of adoption. Given this junction of the concept of family entity and the adoption as a means of constituting it, a very problematic insurgent: the right of withdrawal of adopters during the legal process of adoption, with an analysis of the civil liability of dropouts in the face of damage caused to the child or adolescent. Thus, this work seeks to analyze the possibility of the existence of civil liability of adopters before the coexistence stage, during the custody legally granted and, by last, after the final judgment. For this, the methodology used was the literature review, using the inductive method as the method, as it sought analyze the dropout hypotheses in the adoption process; its feasibility is supported by the technique of indirect documentation, such as research bibliographic and documentary. That said, the conclusion is that adoption is a essential institute for family formation, which must be ensured in its process legal certainty and legality, observing civil liability in the law of withdrawal of adopters before legal custody and after the final decision of the sentence, since there is a frustrated expectation, either on the part of the child or the adolescent and the competent institution, causing damage to the adoption itself, to the legal process and the possible adopted.