A relação afetiva frente á inscrição prévia no cadastro de adoção.

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.