NÓBREGA, A. S.; http://lattes.cnpq.br/5307197077553692; NÓBREGA, Andréa da Silva.
Abstract:
As a social structure, the family and, consequently, its concept in popular ideology has
constantly changes that are consistent with the time and place in which it is observed. So
exists for the legislature, especially in the Family Law field, the need to adapt to these
changes, due to the new social imperatives require regulation of those. Today, the value of
affection and not of inbreeding as a basic foundation in the construction of modern nuclear
families brought to the legislature obliged to use sufficient rules that recognize this
importance. In this context, the adoption, as the principal means of adding new members in a
different family from the one biologically belonged, especially children and adolescents, has
become a great example of affection and, therefore, Brazilian Law regulates all processing of
its respective action, making it obligatory to comply with some steps range from enabling
adopter alleged to constitutive sentence, allowing, during this period, a state of coexistence
between adopter and adopted with the objective of creating emotional bonds even before the
process ended. It turns out that, currently, there are cases in which these connections preexiststo enable the adopter and the consequent registration in the respective register, but
according to the law, that fact does not guarantee any procedural advantage to the adopter and
he had no preference in the adoption of that child or through breaches the chronological order
of registered adopters. So, the objective of this research is to analyze the application of
principles to justify the decisions of patriotic courts in order to give preference in adopting
particular child when it has fixed and lasting father-affiliates bonding with someone, even
though it has not pre-registered in the register of adopters. For this, an exploratory and
qualitative study was conducted according to the deductive method, adopting the techniques
of documentary and bibliographic research.