MELO, A. C. P.; http://lattes.cnpq.br/9117211510704841; MELO, Ana Carolina Pereira de.
Résumé:
The theme object of the present study intends to analyze the possibility of the
compensation for moral damages regarding to frustrated adoption, talking in
consideration the history and evolution of the institute of adoption in Brazilian law, as
its concept has changed over the years, following the evolution of society. After the
promulgation of the Federal Constitution and the Statute of Children and Teenagers,
the adoption is defined as an irrevocable instrument, having as main goal introducing
the child and the teenager in a substitute family in order to assure them the
fundamental right of family life, based on the principles of the absolute priority and
the child’s best interest. However, due to the emergence of numerous cases of
devolutions of children and teenagers after the adoption, it becomes necessary to
analyze the legal impossibility of the devolution, to study the reasons and the
contexts in which they occur, as well as examine the phychological disorders caused
to the adopted who had its dignity violated. Therefore, it becomes evident the
importance of the issue in Brazilian law, since the devolution of the children is a
frequent practice that deserves special attention, by demonstrating the doctrinal and
jurisprudential positions about the subject, especially regarding the possibility of
condemning the adopters to morally compensate the adopted children given back to
the orphanages. The method of approach used in the research was deductive,
starting from the theories and general legislations that constitute the premises in
order to explain the main theme. It was used the indirect documentary research
technique, through bibliographic researches and laws. The procedure technique used
was the historic one, demonstrating the entire historic evolution of the institute of
adoption up to the present days.
