A devolução do filho adotivo: os ricos da reedição do abandono e a reparação por danos morais.

Abstract

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.