Adoção intuitu personae: uma análise da preponderância da afetividade sobre a ordem do cadastro de adoção.

Abstract

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.