Aspectos práticos da adoção e o Princípio do Melhor Interesse da Criança e do Adolescente.

Abstract

The Charter is based on the principle of the dignity of the human person. One of his developments is in his art. 227, when he mentions the integral protection of the child and the adolescent. The State, the family and society are called upon to guarantee, with priority, for the benefit of the child and the adolescent, a series of fundamental rights, among which the right to life, dignity and family coexist.In this way his main objective has become to prioritize the interests of the adopted, that is, to integrate him completely into a new family that is capable of loving, caring, educating and giving affection. The differential treatment that had previously existed between biological and adoptive children ceased to exist, both were treated equally, and they were granted the same rights. This study aims to bring up adoption as a merit not only for the adopter, but also for the adoptee, who begins to establish wills and interests that are expressed at the moment of adoption, towards the family and new relations that will be formed. As well as the right to clarify their adoption process so that, according to law, information about the legal and biological process of their relatives is instituted. In order to carry out the present monographic work, the deductive method will be adopted as a methodology of approach, since under a generic approach, it approaches a particular premise of the problem. With regard to the method of procedure will be used to carry out the work the monographic method, the evolutionary history and the legal exegetical. The research technique, scientific articles, legislation, such as the Federal Constitution and the Civil Code, administrative regulations, as well as judicial understandings, issued in first instance judgments. The principle of the best interest of the Child and Adolescent represented a great innovation in the Brazilian legal order and imposed a new way of seeing the child and the adolescent, now as subjects of law. The primacy of the best interest of the child and adolescent is the guiding principle of adoption. The new family contours and the appreciation of affection brought about by the current Major Charter, Skin of the Child and Adolescent, by the Civil Code made it possible for adoption to be seen from a new perspective.