FREITAS, S. C. M.; FREITAS, Samila Cristine Melo.
Résumé:
In adopting intuitu personae, affection is already consolidated and the child is
totally inserted in the family environment, there is, therefore, no reason for its
rejection simply because a procedure is not regularized. The purpose of this
monographic work is to analyze the legal possibility of adopting intuitu
personae, which is not regulated or expressly prohibited by the National
Adoption Law (Law 12,010 / 2009) and the Child and Adolescent Statute (Law
No. 8,069 / 1990), promotes a strong legal debate in the doctrinal and
jurisprudential context. It is analyzed the flexibility of the rule that requires the
previous authorization in the Register of Adoption, based on the principle of
affectivity and in others related to it. The object of the research in focus was
developed based on the deductive method, and in relation to the procedures,
the subject addressed was analyzed based on the bibliographic research
technique, as well as, through jurisprudential analyzes, with the purpose of
obtaining the objectives of this research. study, drawing a parallel between the
analysis of the thematic and the proposed problematization. After the
promulgation of the Constitution of 1988 adopting it became a fundamental
piece in the process of adoption, and its interest should prevail in all
circumstances to that of the adopter. In this way, it will be seen that in the
inapplicability of the Intuitu Personae Adoption in the face of the observance of
the order of the qualified in the Register of Adoption prejudices the real benefit
that the adoption must attribute to adopting, because in this special situation
there is affective connection between the child and / or adolescent with a third
party who, taking him / her in de facto custody, and voluntarily assuming family
power, seeks judicial protection to legally effect adoption.
