FERREIRA, L. A. B.; FERREIRA, Lucas Antônio Barbosa.
Resumen:
Despite the lack of conceptualization of the 1988 Constitution and the 2002 Civil Code
on the family entity, the Brazilian legal system considers it as a
fundamental and sacred connection for the formation of society. correlated
previously by a common ancestry, the family went through changes
social, historical and cultural over the years.
contemporaneity, a nucleus of individuals linked by affection and care
mutual. Added to this, the institute of adoption appears as an alternative to
Brazilian family constitution, in view of the significance of family. Furthermore,
the numbers of children and adolescents able and available for adoption in the country
warn of a very urgent and complex social problem, as there are
of gender, race and age group with respect to the statistics with the highest and lowest
percentage of adoption. Given this junction of the concept of family entity and the
adoption as a means of constituting it, a very problematic
insurgent: the right of withdrawal of adopters during the legal process of adoption,
with an analysis of the civil liability of dropouts in the face of damage
caused to the child or adolescent. Thus, this work seeks to analyze the
possibility of the existence of civil liability of adopters
before the coexistence stage, during the custody legally granted and, by
last, after the final judgment. For this, the methodology used was
the literature review, using the inductive method as the method, as it sought
analyze the dropout hypotheses in the adoption process; its feasibility is
supported by the technique of indirect documentation, such as research
bibliographic and documentary. That said, the conclusion is that adoption is a
essential institute for family formation, which must be ensured in its process
legal certainty and legality, observing civil liability in the law of
withdrawal of adopters before legal custody and after the final decision of the
sentence, since there is a frustrated expectation, either on the part of the child or the
adolescent and the competent institution, causing damage to the adoption itself, to the
legal process and the possible adopted.