A regulamentação da adoação de descendentes pos ascendentes à luz dos princípios constitucionais reguladores do Direito.

Abstract

This monograph presents the discussion reguarding the regulation of adoption of descendants by ascendants, with the objective of discussing the obscurity of the specific regulation of the children and adolescent statute. It also intends to relate the modalities of adoption, in order to equalize them in rithis and obligations. The debate focuses on the prohibition of the adoption of descendants by ascendants in 42,§1º of the Statute, and the fundamental guarantees, namely, the namely, the law to family and affection, in accordance with the principie of dignity of the human person. By the discussion about, needs to speak of a slow letal system and the lack of the regulations that accompany social evolution, factors with impede the proper application of the law to the specific case. It is questioned until that point the lack of regulatory law, as well as the sloness of the counts interfere with the regulation of a practice that alredy existed previously and wich is increasintly presente in the social context. The reguardians of the methodoloty study , the deductive and qualitative methods was used, and the documentary and bibliographic analysis. The general objective is to discuss about the construction of the institute of adoption and discuss about the constitutional principles of Brazilian law established in the Federal Constitution