O procedimento de adoção no Brasil: uma problemática social que gera entraves nas questões familiares ou uma ferramenta protetiva ao menor?

Abstract

The present paper aims to analyze the adoption procedure in the brazilian actual scenery, its relation with the principle of the minor best interest and the benefits that comes from the innovations brought by the Law 12.010/09. It‟s started by the evolution of adolescent and child rights until comes to the birth of the Statute of Child and Adolescent, actual legislation that concerns about these rights. Beyond exposing as the institute that was development along the brazilians legislations. The adoption is an institute concerning to the Family Law and that translate itself as an effective tool to proportionate to the children and adolescents the right of family life. Besides the social question, the adoption needs an evaluation a from the optic of the legislation existing, showing its viable to corroborate with the premise of the principle of minor best interest. The Law 12.010/09 brought numerous innovations that concerns about to the institute of adoption and born to update the standardization of the institute referred. It was analyzed the mainly modifications brought by the law and its effectiveness and benefit in relation to the procedure. Lastly, was demonstrated the existence of numerous problems in the judiciary structure, besides cultural questions that end up harming the applicability of Law 12.010/09.