A prioridade da ligação afetiva em detrimento do cadastro de adoção.

Abstract

The present work discusses the reasons and importance of prioritizing affective connection existing between adopter and adopting in the face of strict observance of the mandatory registration in the register of adoption brought by Law 12,010 of 2009 as a way to secure his right to family life and the priority of the interests of the child and adolescent. Justified by exceptional aspect of the subject which is treated adoption as well as the need to escape the controversy that's on the one hand the state ensure the right to family life against the principle of affection and obedience of the other requirements established by law. Search broadly pointing the arguments justifying the priority of affective bond existing between the applicant and the adoption adopter over the register established by Law 12,010 of 2009 and more specifically to a critical analysis of the law and the reasons for the creation of the register, showing the psychological and legal consequences of strict observance. The work was developed from the deductive method, where from an idea generally comes to a conclusion in particular, using the historical and comparative method, by documenting indirectly, related to the literature. First time all attempts to show the evolution of the institute, from antiquity to the present, showing the evolution of its concept and legal nature, according to the principles of informants Family Law. Soon after the treatment is evident that the legislation receives homeland with its characters and requirements for its grant, as well as gives your entire lawsuit and personal effects and property to reflect the parties arising from the measure. Show up the issues that still resonate more discussions on current legal scenario, basing on the principle of affective response to the questions posed. Finally, we discuss the main theme: the reasons why the magistrate to give preference to existing emotional connection as well as the consequences of its failure